Ross v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Buchman Circuid Court. — Hon. Heney M. Eamey, Judge. (1) The construction placed upon the language of the statute by the state railroad commissioners and acquiesced in by all the departments of the state government up to the present time, thirteen years, should be adopted by the court.
Read the full summary
Appeal from Buchman Circuid Court. — Hon. Heney M. Eamey, Judge. (1) The construction placed upon the language of the statute by the state railroad commissioners and acquiesced in by all the departments of the state government up to the present time, thirteen years, should be adopted by the court. Edwards v. Darby, 12 Wheat. 106; Paclcard v. Richardson, 17 Mass. 143. Such contemporaneous practical construction has always been regarded by the government as equivalent to positive law. Bruce v. Schuyler, 4 Grilm. 221; Brown v. United States, 113 U. S. 570; The Laura, 114 U. S. 415; Peabody v.…
1Opinion of the CourtBlack, J.
The plaintiffs, Ross and Todd, brought this suit to recover the statutory penalty of three times the amount of alleged overcharges paid by them to defendant for hauling several hundred cords of wood to St. Joseph, between the first day of July, 1883, and March 25, 1886.
The petition contained two hundred and thirty-four counts. Plaintiffs withdrew or took a nonsuit as to some fifty odd counts, and recovered judgment on the others, and the defendant appealed.
The proof shows that the cordwood was all shipped from points on the defendant’s road to St. Joseph, the distance in all cases being less…
2Cases cited1 opinion
- Union Insurance v. HogeSupreme Court of the United States · 1859
3Cited by17 opinions
- State Ex Inf. Atty-Gen. v. Long-Bell Lumber Co.Supreme Court of Missouri · 1928
- State ex rel. Gass v. GordonSupreme Court of Missouri · 1915
- Board of Registration Com'rs. v. CampbellCourt of Appeals of Kentucky (pre-1976) · 1933
- State Ex Rel. Standard Tank Car Co. v. SullivanSupreme Court of Missouri · 1920
- State ex rel. Hayes v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1896
12 more not listed; retrieve them via the Exa API.