Spratlin v. St. Louis Southwestern Railway Co.
| Decision Date | 17 June 1905 |
| Citation | 88 S.W. 836,76 Ark. 82 |
| Parties | SPRATLIN v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY |
| Court | Arkansas Supreme Court |
Appeal from Arkansas Circuit Court, GEORGE M. CHAPLINE, Judge.
Affirmed.
Spratlin sued the St. Louis Southwestern Railway Company, alleging that he purchased a carload of corn at a point on defendant's road in the State of Missouri, and shipped it over defendant's line, consigned to himself to De Witt, Arkansas; that the bill of lading stipulated that the freight on the carload was $ 56; but when the car arrived, defendant demanded and plaintiff was compelled to pay $ 12 overcharge in freight and $ 11 in demurrage. Plaintiff asked that he have judgment for the $ 23 overcharge and demurrage, and also that he recover, under the act of February 27, 1885, a penalty of $ 56 per diem for the eleven days that it was wrongfully withheld.
The court found the facts as alleged in plaintiff's complaint, and gave judgment in his favor for $ 23, but disallowed the penalty. Plaintiff appealed.
Judgment affirmed.
P. C. Dooley, for appellant.
Our statute does not interefere with interstate commerce; it is intended only to prevent discrimination, and to make railway companies adhere to established rates. 17 Wall. 567; 95 U.S. 465; 49 Ark. 291; 107 U.S. 38; 52 F. 690; 21 La.Ann. 256; 23 Ia. 349; 55 Nev. 240; 130 Mass. 1; 51 Miss. 335; 52 F. 690; 119 N.C. 120; 120 F. 144; 57 F. 276; 186 U.S. 380; 68 Ark. 38; 65 Ark. 415; 162 U.S. 650; 102 U.S. 691.
Samuel H. West and Bridges & Wooldridge, for appellee.
The interstate commerce act superseded the act of 1885 of the General Assembly of Arkansas. 68 Ark. 38; 128 U.S. 190; 165 U.S. 631; 195 U.S. 332; 2 Peters, 252; 118 U.S. 571; 125 U.S. 485; 120 U.S. 489; 154 U.S. 473; 184 U.S. 36; 128 F. 533; 40 S.W. 431; 81 F. 803; 119 Ala. 546; 92 F. 349; 43 S.W. 610; 167 U.S. 642.
The act of 1885, upon which this suit is based, is a copy of the Laws of Texas, Extra Session 1882, ch. 26, p. 35. The Supreme Court of the United States in Gulf, C. & S. F. Ry. Co. v. Hefley, 158 U.S. 98, 39 L.Ed. 910, 15 S.Ct. 802, held the Texas statute was in conflict with the Interstate Commerce Act of February, 1887, as amended by act of March, 1889. That court said:
The court shows how the State and national law conflict. It is only necessary to refer to that opinion as controlling this case When this court passed upon the act of 1885 in Little Rock & Ft. Smith Ry. Co. v. Hanniford, 49 Ark. 291, 5 S.W. 294, and sustained it as a proper exercise of the police power, Congress had not passed the act of March 2, 1889, amending the interstate commerce law of February, 1887, in the particulars named therein, and the decision of the Supreme Court of the United States construing the effect of the two statutes had not been rendered.
The decision of the Supreme Court of the United States, supra, construing the two statutes is conclusive of the question here presented.
Judgment affirmed.
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