Bush v. Miller
Missouri Court of Appeals
Appeal from Lawrence County Circuit Court. — Hon. I. V. McPherson, Special Judge. (1) The laws of Congress regulating interstate shipments control over state laws on the same subject. Potter v. Railroad, 187 Mo. App. 56; Grain Co. v. Railroad, 177 Mo. App. 194; Hamilton v. Railroad, 177 Mo.
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Appeal from Lawrence County Circuit Court. — Hon. I. V. McPherson, Special Judge. (1) The laws of Congress regulating interstate shipments control over state laws on the same subject. Potter v. Railroad, 187 Mo. App. 56; Grain Co. v. Railroad, 177 Mo. App. 194; Hamilton v. Railroad, 177 Mo. App. 151; Railroad v. Hooker, 233 U. S. 109, 58 L. Ed. 875; Railroad v. Hefley, 158 U. S. 98, 39 L. Ed. 910. (2) The freight rate to be paid on an interstate shipment is controlled by the rate filed with the Interstate Commerce Commission, even though not posted in the station and even though erroneously…
1Opinion of the CourtBradley, J.
This is a suit by the receiver of the St. Louis, Iron Mountain & Southern Railway Company to recover $129.50, the alleged difference between the freight paid and the amount which plaintiff claims should have been paid on an interstate shipment, according to the rates alleged to be in force and effect at the time of the shipment, on eleven carloads of yellow pine lumber shipped from Boswell, Arkansas, to Hoberg, La Russell and Aurora, Missouri, on the Iron Mountain, and to nearby points on the Frisco. The cars for points on the Frisco were shipped on the Iron Mountain to Aurora and from there…
2Cases cited10 opinions
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Kansas City Southern Railway Co. v. C. H. Albers Commission Co.Supreme Court of the United States · 1912
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3Cited by1 opinion
- Mellon v. Stockton & LampkinMissouri Court of Appeals · 1931