Greason v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Eon. Jas. L. Fort, Judge. STATEMENT. Plaintiffs compose a firm wbicb does business in Poplar Bluff, Missouri, on the line of the defendant railroad company. The petition alleged and the evidence proved, that for several years prior to 1902, they had been engaged in shipping lumber, railroad ties and piling over defendant’s line.
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Appeal from Butler Circuit Court. — Eon. Jas. L. Fort, Judge. STATEMENT. Plaintiffs compose a firm wbicb does business in Poplar Bluff, Missouri, on the line of the defendant railroad company. The petition alleged and the evidence proved, that for several years prior to 1902, they had been engaged in shipping lumber, railroad ties and piling over defendant’s line. It is stated in the petition that railroad switch ties are covered by the general definition of lumber and included among other articles mentioned in .the defendant’s tariff sheets as hauled for the freight rate on lumber. These…
1Opinion of the CourtGoode, J.
(after stating the facts). — It will be observed from the foregoing statement that the plaintiffs declared on a supposed agreement by the defendant contained in the letter dated January 20, 1902, to transport switch ties from Harviell and Poplar Bluff to East St. Louis, for ten cents a hundredweight. It is alleged that, relying on said agreement, plaintiffs shipped nineteen carloads of ties and were charged an excess above the rate mentioned, in violation of the agreement. The letter quoted a rate on lumber, not on ties. The solution of this case depends, therefore, on what the defendant…
2Cases cited9 opinions
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
- Ross v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1892
- Mathews v. DanahyMissouri Court of Appeals · 1887
- Williams v. Stevens Point Lumber Co.Wisconsin Supreme Court · 1888
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3Cited by4 opinions
- Texas & Pacific Railway Co. v. American Tie & Timber Co.Supreme Court of the United States · 1914
- Chicago, R. I. P. Ry. Co. v. Dodson & WilliamsSupreme Court of Oklahoma · 1910
- McKinstrey v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1911
- Jenkins v. Springfield Reduction & Chemical Co.Missouri Court of Appeals · 1913