Kansas City Southern Ry. Co. v. Wolf
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Action at law by Harry B. Wolf against the Kansas City Southern Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
HOOK, Circuit Judge.
This was an action by Wolf, assignee of a number of shippers, to recover freight overcharges. The published tariffs of the railway company specified two rates for shipments of strawberries in carload lots; the higher rate carrying an additional charge for icing, and the lower not. The applicability of the one or the other depended upon a condition of fact recited in published rules of the company. It was shown at the trial that the condition entitling the shippers to the lower rate without charge for icing existed, but the higher rate was charged and collected.
The…
2Cases cited4 opinions
- Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915
- Pennsylvania Railroad v. Sonman Shaft Coal Co.Supreme Court of the United States · 1916
- Illinois Central Railroad v. Mulberry Hill Coal Co.Supreme Court of the United States · 1915
- National Elevator Co. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1917
3Cited by5 opinions
- Kansas City Southern Railway Co. v. WolfSupreme Court of the United States · 1923
- Powers v. CadyDistrict Court, W.D. Louisiana · 1925
- Armour & Co. v. Alton R.Court of Appeals for the Seventh Circuit · 1940
- Butler Motor Co. v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1921
- Collins Co. v. DavisDistrict Court, D. Connecticut · 1922