Wabash Railroad v. Sloop
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. E. B. McKee, Judge. (1) Upon the undisputed facts in this case the judgment below should have been for plaintiff. Gerber v. Railroad, 63 Mo. App. 145; Wyrick v. Railroad, 74 Mo. App. 406; Ward v. Railroad, 158 Mo. 226. (2) The counter-claim contained in. defendant’s answer should have been stricken out on plaintiff’s motion.
Read the full summary
Appeal from Scotland Circuit Court. — Hon. E. B. McKee, Judge. (1) Upon the undisputed facts in this case the judgment below should have been for plaintiff. Gerber v. Railroad, 63 Mo. App. 145; Wyrick v. Railroad, 74 Mo. App. 406; Ward v. Railroad, 158 Mo. 226. (2) The counter-claim contained in. defendant’s answer should have been stricken out on plaintiff’s motion. Walker v. Lewandovska, 15' Mo: App. 581; Carlisle v. Railroad, 168 Mo. 652. (1) Respondent contracted and agreed with appellant to pay it sixteen cents per hundred pounds, to ship his timothy seed from Queen City, to Chicago, and…
1Opinion of the CourtCraves, J.
Plaintiff by its petition states that it is a common carrier, a railway corporation; that during the year 1902 it transported nine car-loads of timothy seed for defendant from Queen City, Missouri, to Chicago, Illinois; that in compliance with the Interstate Commerce Act of 1887 and subsequent amendments thereto, it filed with the Interstate Commerce Commission, in the city of Washington, its printed schedule or tariffs, showing the rates of freight then in force, from all points on its railway in one State to points in another State; “that said schedules or tariffs were then, as now, duly…
2Cases cited8 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
- Martin v. StateSupreme Court of Alabama · 1898
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Carlisle v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Hardaway v. Southern RailwaySupreme Court of South Carolina · 1912
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Mires v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Hunter v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
10 more not listed; retrieve them via the Exa API.