Robinson v. St. Louis, Kansas City & Northern Ry. Co.

• Decision Date: 30 April 1882
• Citation: 75 Mo. 494
• Parties: ROBINSON et al., Appellants, v. THE ST. LOUIS, KANSAS CITY & NORTHERN RAILWAY COMPANY.
• Court: Missouri Supreme Court

75 Mo. 494

ROBINSON et al., Appellants,

v.THE ST. LOUIS, KANSAS CITY & NORTHERN RAILWAY COMPANY.

Supreme Court of Missouri.

April Term, 1882.

Appeal from Carroll Circuit Court.--HON. E. J. BROADDUS, Judge.

AFFIRMED.

This was a suit to recover an over-charge upon a contract alleged to have been made with defendant for transportation of corn from Hill's Landing, Missouri, to New Orleans, Louisiana.

The facts, as developed at the trial, were substantially as follows: Prior to the 16th day of May, 1876, plaintiff Robinson had had an interview and also correspondence with Bird, general freight agent of the defendant company, in relation to rates of freight on contemplated shipments of corn to be made over defendant's road. On the day named Robinson wrote that he and his associates were about ready to begin shipping, and asking for the very lowest rate through to New Orleans from Carrollton, Eugene City, Norborne, and points on the Missouri river between Waverly and DeWitt. Upon the receipt of this letter Bird made an arrangement with the St. Louis and New Orleans Packet Company for transportation from St. Louis to New Orleans at the rate of 11 1/4 cents per 100 pounds, and on the 18th sent plaintiffs a letter naming 26 1/4 cents per 100 pounds, as the rate from Richmond & Lexington Junction, a point on defendant's road, to New Orleans. This rate was fixed with reference to the agreement with the packet company. The letter was received on the 19th or 20th day of May; but was never answered by them. Without further communication with Bird, plaintiffs, on the 29th day of May, commenced shipping corn to New Orleans from Hill's Landing, a point on the Missouri river. The shipments were made by the steamer Ida Stockton from Hill's Landing to DeWitt and thence over defendant's road to St. Louis, its terminus. At this time defendant had an arrangement with the steamer Gate City, then plying between Waverly and DeWitt, by which defendant was to carry from DeWitt to St. Louis all freights from certain local points for the same rate that the boat charged from such points to DeWitt. There was no direct arrangement between defendant and the Ida Stockton, which was running at that time between the same points; but by an arrangement between the captains of the boats, they both delivered freight to the railroad at DeWitt on the same terms. Neither boat was authorized to make through rates for defendant beyond St. Louis. At the time of making the first shipment, Robinson exhibited Bird's letter of the 18th day of May to the clerk of the Ida Stockton, and asked for a through bill of lading to New Orleans. Without communicating with Bird, or in any way obtaining the consent of defendant, the clerk issued a through bill at the rate of freight named in Bird's letter, but consigning the corn to the care of the Mississippi Valley Transportation Company at St. Louis, to be by this company transported from St. Louis to New Orleans. Defendant had no arrangement with this company as to rates. The corn was carried by defendant to St. Louis, and was there delivered to the Mississippi Valley Transportation Company, from whom defendant collected fifteen cents per 100 pounds for freight. The Mississippi Valley Transportation Company then completed the carriage to New Orleans; but required the consignees at that place to pay twenty-seven cents per 100 pounds before they would deliver the corn. This the consignees did under protest. The excess of freights upon all the shipments amounted to $1,711.18. This suit was instituted to recover this sum. The circuit court gave judgment for defendant, and plaintiffs appealed.

Hale & Eads for appellants.

No formal acceptance of Bird's terms was necessary by the plaintiffs, further than their offer to ship the grain. A shipper applies to a railroad company for rates of freight from and to given points; the railroad company replies giving its rates of freight, the only acceptance necessary on the part of the shipper is to deliver the freight to the company at the points of shipment named in the correspondence. Lungstrass v. German Ins. Co., 48 Mo. 201. The letters of Robinson to Bird, and Bird's replies must be construed with reference to the previous conversation between them, the situation of the contracting parties and the object and intention of...