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Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 280

Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 280


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ... price delivered at the consignee's station, which quotation was made up of the price at the point of shipment plus the freight rate charged by the railroad. When the coal was received by the consignee, he paid the railroad agent the freight charges and forwarded a receipted bill to the shipper, who credited the consignee on the coal bill for the amount thereof, and then the consignee paid to the shipper the difference between the freight charges and the quoted price for the coal. Thus the higher the freight charges the less the shipper received for the coal, The freight charges were in excess of charges for intrastate shipments a longer distance on the defendant's railroad, and were violative of the statute. Held, that the shipper, in contemplation of law, was injured by the exaction of the illegal overcharge, and may maintain an action to, recover it back. The remedy for the overcharge, to be effective, must lie with the shipper, and the amount of the recovery is measured by the amount he is, either directly or through his consignee, forced to pay. 3. Long and Short Haul: Amount of Recovery: Liquidated. The long-and-short haul provision of the Missouri Constitution is self enforcing, and liquidates the amount of the overcharge at the difference between the charge exacted and paid for the shorter ' haul and the rate charged for the longer haul, and that difference is necessarily the amount to be recovered back. Edivard J. White, James F. Green and Harvey C. Clark for appellant. ( 1) Under the stipulation introduced by the plaintiff, the freight on each shipment mentioned in the petition was paid by the consignee and not by the plaintiff. Any damages sustained by reason of any overcharge on such shipments was sustained by the...


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Product Details
  • ISBN-13: 9781230039008
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 320
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1230039007
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 572 gr


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