Legal Opinion

MISSOURI PACIFIC RAILWAY COMPANY v. McGREW COAL COMPANY

Supreme Court of the United States

Decided April 11, 1921No. 265PublishedCited by 7 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The case is stated in the opinion. They contended that the statute imposed an unreasonable burden on interstate commerce; that its enforcement deprived the company of property without due process of law and denied it the equal protection of the laws íd. violation of the Fourteenth Amendment; and that, as the statute only gave a right of action to the party aggrieved, a recovery could not be allowed to a. shipper whose…

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ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The case is stated in the opinion. They contended that the statute imposed an unreasonable burden on interstate commerce; that its enforcement deprived the company of property without due process of law and denied it the equal protection of the laws íd. violation of the Fourteenth Amendment; and that, as the statute only gave a right of action to the party aggrieved, a recovery could not be allowed to a. shipper whose consignee paid the charges.

1Opinion of the Court

Memorandum opinion by direction of the court, by

Mr. Justice Brandeis.

In this action by a shipper brought under the long-and-short-haul statute of Missouri a judgment for the over charges entered by the trial court was affirmed by the highest court of the State.

The case comes here on writ of error, the railroad contending that the statute as construed violates rights secured to it by the Federal Constitution. The only federal question which was substantial and properly raised below was decided adversely to the railroad’s contention in Missouri Pacific Ry. Co. v. McGrew Coal Co., 244 U. S. 191,…

2Cases cited2 opinions

  1. Osborne v. GraySupreme Court of the United States · 1916
  2. Missouri Pacific Railway Co. v. McGrew Coal Co.Supreme Court of the United States · 1917

3Cited by7 opinions

  1. Whitney v. CaliforniaSupreme Court of the United States · 1927
  2. State Ex Rel. McGrew Coal Co. v. RaglandSupreme Court of Missouri · 1936
  3. Price v. City of St. PetersburgSupreme Court of Florida · 1947
  4. McCaull-Dinsmore Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
  5. Commonwealth v. Centr. R. R. Co. of N.J.Supreme Court of Pennsylvania · 1932

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