St Louis Southwestern Railway Company v. Spring River Stone Company, No. 158

CourtUnited States Supreme Court
Writing for the CourtMcReynolds
Citation59 L.Ed. 805,236 U.S. 718,35 S.Ct. 456
PartiesST. LOUIS SOUTHWESTERN RAILWAY COMPANY, Plff. in Err., v. SPRING RIVER STONE COMPANY
Docket NumberNo. 158
Decision Date22 March 1915

236 U.S. 718
35 S.Ct. 456
59 L.Ed. 805
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, Plff. in Err.,

v.

SPRING RIVER STONE COMPANY.

No. 158.
Submitted January 27, 1915.
Decided March 22, 1915.

Messrs. Roy F. Britton, E. A. Haid, S. H. West, C. C. Collins, and H. C. Barker for plaintiff in error.

[Argument of Counsel from pages 718-720 intentionally omitted]

Page 720

Mr. Thomas Hackney for defendant in error.

Mr. Justice McReynolds delivered the opinion of the court:

A controversy between the railway company and defendant shipper concerning freight charges was adjusted by computing them upon the actual weight of the merchandise transported. Afterwards, claiming that the reckoning should have been upon the minimum capacity of cars used, the railway company sued for the difference between the two results. Defendant relied upon the settlement and also full payment; the trial court directed a verdict for it; this was approved upon appeal (169 Mo. App. 109, 154 S. W. 465); and the cause is here by writ of error.

Plaintiff in error operates a road extending northward from Fort Worth, Texas, which connects through an intermediate one with the St. Louis & San Francisco Railroad whose line reaches Carthage, Missouri, where defendant is engaged in quarrying, selling and shipping stone. Having been advised by plaintiff in error's commercial agent that the rate on stone in cars of 50,000 pounds capacity to Fort Worth was 27 1/2 cents per hundred, defendant contracted to deliver five carloads to a purchaser located there. The local agent of the initial carrier at Carthage was informed that such cars would be required for the proposed shipments, and in November and December, 1908, he was requested by telephone to supply them. Cars of that size were scarce, and for its own convenience the railroad company furnished five larger ones—60,000 to 88,000 pounds—in which the shipments were made, the weight in each instance being less than the marked minimum, but appropriate for a 50,000-pound car.

Page 721

When these arrived at Fort Worth, charges of 27 1/2 cents per hundred, marked capacity, were demanded. They were paid, and immediately thereafter the shipper presented a claim for the amount exacted above a reckoning based on actual weights. Careful investigation was promptly made, and in February, 1909, the excess was refunded. All parties acted with knowledge of the facts, in good faith, and without purpose to evade the law.

Upon the theory that...

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15 practice notes
  • May Department Stores Co. v. Union E.L. & P. Co., No. 34288.
    • United States
    • United States State Supreme Court of Missouri
    • 30 Junio 1937
    ...right to recover cannot be defeated by defendant's failure to ascertain measured "demand." St. Louis S.W. Ry. Co. v. Spring River S. Co., 236 U.S. 718, 35 Sup. Ct. 456; Davis v. Smutzinger, 281 Fed. 640; Virginian Ry. v. Lake Coal Co., 5 Fed. (2d) 496; Van Dusen, etc., Co. v. Ry. Co., 32 Fe......
  • Louisville Co v. Central Iron Coal Co, No. 198
    • United States
    • United States Supreme Court
    • 5 Mayo 1924
    ...v. York & Whitney Co., 256 U. S. 406, 41 Sup. Ct. 509, 65 L. Ed. 1016. Compare St. Louis Southwestern Ry. Co. v. Spring River Stone Co., 236 U. S. 718, 35 Sup. Ct. 456, 59 L. Ed. 805. But delivery of goods to a carrier for shipment does not, under the Interstate Commerce Page 66 Act (Comp. ......
  • Atchison, T. & SF Ry. Co. v. Judson F. Forwarding Co., No. 2265-BH.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • 22 Abril 1943
    ...and review by the courts. I believe this conclusion is in harmony with St. Louis Southwestern Railway Co. v. Spring River Stone Co., 236 U.S. 718, 35 S.Ct. 456, 458, 59 L.Ed. 805, wherein the court said: "In effect the railway company now contends that, as the evidence fails affirmatively t......
  • Western Md. Ry. Co v. Cross, (No. 4986.)
    • United States
    • Supreme Court of West Virginia
    • 16 Junio 1924
    ...& Whitney Co., 256 U. S. 406, 41 Sup. Ct. Rep. 509, 65 L. Ed. 1016. Compare St. Louis Southwestern Ry. Co. v. Spring River Stone Co., 236 U. S. 718, 35 Sup. Ct. 456, 59 L. Ed. 805." We do not believe that the amendment changed either the spirit of the statute or the consignor's liability. I......
  • Request a trial to view additional results
15 cases
  • May Department Stores Co. v. Union E.L. & P. Co., No. 34288.
    • United States
    • United States State Supreme Court of Missouri
    • 30 Junio 1937
    ...right to recover cannot be defeated by defendant's failure to ascertain measured "demand." St. Louis S.W. Ry. Co. v. Spring River S. Co., 236 U.S. 718, 35 Sup. Ct. 456; Davis v. Smutzinger, 281 Fed. 640; Virginian Ry. v. Lake Coal Co., 5 Fed. (2d) 496; Van Dusen, etc., Co. v. Ry. Co., 32 Fe......
  • Louisville Co v. Central Iron Coal Co, No. 198
    • United States
    • United States Supreme Court
    • 5 Mayo 1924
    ...v. York & Whitney Co., 256 U. S. 406, 41 Sup. Ct. 509, 65 L. Ed. 1016. Compare St. Louis Southwestern Ry. Co. v. Spring River Stone Co., 236 U. S. 718, 35 Sup. Ct. 456, 59 L. Ed. 805. But delivery of goods to a carrier for shipment does not, under the Interstate Commerce Page 66 Act (Comp. ......
  • Atchison, T. & SF Ry. Co. v. Judson F. Forwarding Co., No. 2265-BH.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • 22 Abril 1943
    ...and review by the courts. I believe this conclusion is in harmony with St. Louis Southwestern Railway Co. v. Spring River Stone Co., 236 U.S. 718, 35 S.Ct. 456, 458, 59 L.Ed. 805, wherein the court said: "In effect the railway company now contends that, as the evidence fails affirmatively t......
  • Western Md. Ry. Co v. Cross, (No. 4986.)
    • United States
    • Supreme Court of West Virginia
    • 16 Junio 1924
    ...& Whitney Co., 256 U. S. 406, 41 Sup. Ct. Rep. 509, 65 L. Ed. 1016. Compare St. Louis Southwestern Ry. Co. v. Spring River Stone Co., 236 U. S. 718, 35 Sup. Ct. 456, 59 L. Ed. 805." We do not believe that the amendment changed either the spirit of the statute or the consignor's liability. I......
  • Request a trial to view additional results

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