McGrew v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court.—Hon. Chas. W. Sloan, Judge. (1) No cause of action is stated in the petition, and the objection to the introduction of testimony and the amount in arrest of judgment should have been sustained, and also the demurrers to the evidence. Railroad v. Bay, 45 American & English Railroad Cases, 391; Railroad v. Bay, 35 Fed. Rep. 873, 876; Sorrel v. Railroad, 75 Ga. 509; Railroad v. Railroad, 19 Fed.
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Appeal from Johnson Circuit Court.—Hon. Chas. W. Sloan, Judge. (1) No cause of action is stated in the petition, and the objection to the introduction of testimony and the amount in arrest of judgment should have been sustained, and also the demurrers to the evidence. Railroad v. Bay, 45 American & English Railroad Cases, 391; Railroad v. Bay, 35 Fed. Rep. 873, 876; Sorrel v. Railroad, 75 Ga. 509; Railroad v. Railroad, 19 Fed. Rep. 679; Railroad v. People, 77 111. 443; United States v. Stanton, 2 Flippin, 319; McConville v. Jersey, 10 Yoor. 41; State v. Railroad, 116 TJ. S. 307; United States…
1Opinion of the CourtBurgess, J.
This is a suit to recover penalties for charging plaintiff unreasonable rates upon coal shipped by him over defendant’s road from Myrick to divers other points on its road, to-wit, Kansas City, Levasy, Adams, Lexington and Independence, Missouri, during the years of 1887, 1888 and 1889. The petition contains two hundred and fifty-six counts for as many different causes of action, claiming in the aggregate as overcharges and unreasonable the sum of $2,198, and prays that these amounts be tripled, and in addition thereto a reasonable attorney’s fee. The action • is based upon sections 1 and 10…
2Cases cited2 opinions
- Chicago, Burlington & Quincy R. R. v. PeopleIllinois Supreme Court · 1875
- Sorrell & Nall v. Central RailroadSupreme Court of Georgia · 1885
3Cited by6 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Kinnavey v. Terminal R. Ass'n of St. LouisU.S. Circuit Court for the District of Eastern Missouri · 1897
- Cohn v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1904
- Frank A. Menne Factory v. HarbackSupreme Court of Arkansas · 1908
- J. A. Barris & Co. v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1897
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