Mott Store Co. v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. The court had no jurisdiction of the subject-matter of the cause of action pleaded in the first count of the petition. State courts have no jurisdiction of an action for damages for overcharge in freight on an interstate shipment, jurisdiction of such an action being exclusive in the Federal courts.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. The court had no jurisdiction of the subject-matter of the cause of action pleaded in the first count of the petition. State courts have no jurisdiction of an action for damages for overcharge in freight on an interstate shipment, jurisdiction of such an action being exclusive in the Federal courts. Sec. 9, 24 U. S. Stat. at Large, 379; Swift v. Railroad, 58 Fed. 858; Van Patten v. Railroad, 74 Fed. 981; Edmunds v. Railroad, 80 Fed. 79; Railroad v. Manufacturers Assn., 165 Fed. 1; 91 C. C. A. Rep. 39; Carlisle v. Railroad, 168…
1Opinion of the CourtAllen, J.
Plaintiff’s petition herein contains two counts. In the first count it is alleged that the defendant railroad company received from plaintiff and agreed to transport from Marston, Missouri, to the city of Vicksburg, Mississippi, one carload of corn, at an agreed freight rate of fourteen cents per one hundred pounds, “or for the ordinary price which was afterwards determined to be as above stated,” amounting to the sum of $52.64; but that defendant, upon the arrival of said shipment at Vicksburg, Mississippi, charged and collected the sum of $148.86, as and for its freight charges upon such…
2Cases cited9 opinions
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Texas & Pacific Railway Co. v. Cisco Oil MillSupreme Court of the United States · 1907
- Northern Pac. Ry. Co. v. Pacific Coast Lumber Mfrs.' Ass'nCourt of Appeals for the Ninth Circuit · 1908
- Carlisle v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1902
- Wabash Railroad v. SloopSupreme Court of Missouri · 1906
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3Cited by1 opinion
- Mobile & Ohio Railroad v. Laclede Lumber Co.Missouri Court of Appeals · 1919