Mcgrew v. Missouri Pac. Ry. Co.

• Decision Date: 29 June 1915
• Docket Number: No. 17318.,17318.
• Citation: 178 S.W. 1179
• Parties: McGREW et al. v. MISSOURI PAC. RY. CO.
• Court: Missouri Supreme Court

178 S.W. 1179

McGREW et al. v. MISSOURI PAC. RY. CO.

No. 17318.

Supreme Court of Missouri.

June 29, 1915.

Rehearing Denied July 12, 1915.

In Banc. Appeal from Circuit Court, Lafayette County; Samuel Davis, Judge.

Action by Edward J. McGrew and another, executors, against the Missouri Pacific Railway Company. Judgment for plaintiffs, and defendant appeals. Affirmed on stipulation.

Edward J. White, of Kansas City, J. F. Green, of St. Louis, and W. M. Bowker and H. C. Clark, both of Nevada, Mo., for appellant. Alexander Graves, of Lexington, for respondents.

BLAIR, J.

This is an action for freight overcharges, brought in the Lafayette county circuit court under sections 3173 and 3211, R. S. 1909, which resulted in a judgment for plaintiff upon 35 counts in sums aggregating $7,314.64. Constitutional questions raised vested this court with jurisdiction. The appeal was taken in June, 1912. There is a stipulation filed to the effect that the judgment in this case shall abide the result in McGrew Coal Company v. Missouri Pacific Railway Company, supra, this day decided.

In accordance with that stipulation, the judgment is affirmed. All concur, except GRAVES, J., not sitting.