Drey & Kahn Glass Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. William, M. Kinsey, Judge. (1) There being no actual agreement and no actual knowledge, the respondent maintains that there was no constructive notice, merely because a schedule of the rates had been filed and posted as required by the Interstate Commerce Act, and that the shipment at a rate thus posted did not carry with it, as a. matter of law. the adoption of the conditions attached to the rate.
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Appeal from St. Louis City Circuit Court. — Eon. William, M. Kinsey, Judge. (1) There being no actual agreement and no actual knowledge, the respondent maintains that there was no constructive notice, merely because a schedule of the rates had been filed and posted as required by the Interstate Commerce Act, and that the shipment at a rate thus posted did not carry with it, as a. matter of law. the adoption of the conditions attached to the rate. Standard Oil Co. of Indiana y. United States, 164 Fed. 376; Kissinger y. Fitzgerald, 152 N. C. 252; Faulk v. Railroad, 82 S. C. 369. (2) To…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through the negligence of defendant common carrier in transporting its goods. The court found the issue for plaintiff and gave judgment against defendant for $37,86 2-3, and plaintiff prosecutes the appeal from that judgment.
The case was tried before the court without a jury. It appears both parties are incorporated companies and the facts out of which the controversy arose between them are stipulated as follows:
“It is admitted that, at the time that shipment in controversy herein was made, the defendant was a common carrier of property for hire…
2Cases cited17 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
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3Cited by4 opinions
- American Silver Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1913
- Sutton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Drozinski v. Hamburg-American LineMissouri Court of Appeals · 1916
- St. Louis, Southern Railway Co. v. Spring River Stone Co.Missouri Court of Appeals · 1913