Missouri Pacific Railway Co. v. McGrew Coal Co.

Defendant in error filed a petition containing forty-seven counts in the Lafayette Circuit Court-seeking to recover what it paid in excess of alleged lawful freight rates upon as many shipments of coal from Myrick, Missouri, to other points in that State. The first count follows. It is identical in substance with all others except as to dates, amount of coal shipped, charges paid, destination and comparative rates.

“Plaintiff avers that on April, 1908, it was and still is a coal mining' company incorporated under the law of the State of Missouri.

“Plaintiff for 1st cause of action avers that on…