Banner v. Wabash Railroad
Supreme Court of Iowa
Appeal from Page District Court. — Hon. A. B. Thornell, Judge. The plaintiff shipped a car load of goods, farming utensils and stock over the defendant’s road from Salisbury, Mo., to Shenandoah, Iowa. • It was what is known as an.
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Appeal from Page District Court. — Hon. A. B. Thornell, Judge. The plaintiff shipped a car load of goods, farming utensils and stock over the defendant’s road from Salisbury, Mo., to Shenandoah, Iowa. • It was what is known as an. “ emigrant car,” the agreed charge for which between said points was $39. The rules of the defendant fixing the rate for such cars limited the number of head of stock to be shipped in one ear to ten, and provided that the freight charge on animals in excess of said number should be at the rate of 60 cents per hundred, and established an arbitrary weight on which the…
1Opinion of the Court
Per Curiam.—
The defendant contends that this is an action to recover under the provisions of the interstate commerce act, and that the state courts have no jurisdiction of the subject-matter. The shipment itself was undoubtedly an interstate transaction, and if this suit were brought to recover for a violation of the commerce act the appellant’s position would be correct. Act Feb. 4, 1887, 24 Stat. 382 [U. S. Comp. St. 1901, 3159]; Swift v. Railway (C. C.) 58 Fed. 858; Copp v. L & N. Ry. Co. 43 La. Ann. 511, (9 South. 441, 12 L. R. A. 725, 26 Am. St. Rep. 198); Gulf, C. & S. F. Ry. Co. v.…
2Cases cited4 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Copp v. Louisville & Nashville RailroadSupreme Court of Louisiana · 1891
- Swift v. Philadelphia & R. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1893
- Gatton v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1895
3Cited by7 opinions
- Hardaway v. Southern RailwaySupreme Court of South Carolina · 1912
- Western & Atlantic Railroad v. White Provision Co.Supreme Court of Georgia · 1914
- Baird Bros. v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1917
- Coad v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1915
- Miller v. DavisSupreme Court of Iowa · 1932
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