Cohn v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Row. J. G. Sheppard, Judge. (1) If these plaintiffs were compelled to pay a higher rate of compensation for the transportation of their goods from St. Louis, Missouri, to Poplar Bluff, than the defendant at the same time charged for the same service to the more distant points of Dexter and the other points named, they were damaged to the exact extent of such discrimination.
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Appeal from Butler Circuit Court. — Row. J. G. Sheppard, Judge. (1) If these plaintiffs were compelled to pay a higher rate of compensation for the transportation of their goods from St. Louis, Missouri, to Poplar Bluff, than the defendant at the same time charged for the same service to the more distant points of Dexter and the other points named, they were damaged to the exact extent of such discrimination. They were entitled to at least as good rates as those accorded to the more distant points. R. S. 1899, secs. 3133, 1134; Cohn & Pelz v. Railroad, 181 Mo. 30; Seawell v. Railroad, 119 Mo.…
1Opinion
ON MOTION FOR REHEARING.
GRAY, J.
Appellants filed a motion for rehearing in this cause, claiming that the opinion is in conflict with the opinion of the Supreme Court in the case of McGrew v. Mo. Pac. Ry. Co., finally determined November 12, of this year. The motion has been argued orally in this court.
The McGrew case was not cited by counsel in their briefs, or mentioned in the oral argument at the time the case was submitted, and at the time the opinion was prepared in this case, we had no knowledge that the Supreme Court had considered the questions involved in the McGrew case.
This cause…
2Cases cited1 opinion
- Cohn v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1904