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MISSOURI PACIFIC RAILWAY COMPANY v. McGREW COAL COMPANY

Mo. Pac. Ry. Co. v. McGREW COAL COMPANY, 256 U.S. 134 (1921)
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Court
Supreme Court of the United States
Decided
April 11, 1921
Docket
No. 265
Judges
Brandeis
Citations
256 U.S. 13441 S. Ct. 40465 L. Ed. 8641921 U.S. LEXIS 1702
Cited by 6
Syllabus
1. The Missouri long-and-short-haul statute is constitutional. P. 135. Missouri Pacific Ry. Co. v. McGrow Coal Co., 244 U. S. 191. 2. Whether under the statute a shipper may recover overcharges which he did not himself pay is a question of state law. P. 135. 280 Missouri, 466, affirmed.
Summary
ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The case is stated in the opinion. They contended that the statute imposed an unreasonable burden on interstate commerce; that its enforcement deprived the company of property without due process of law and denied it the equal protection of the laws íd. violation of the Fourteenth Amendment; and that, as the statute only gave a right of action to the party aggrieved, a recovery could not be allowed to a. shipper whose consignee paid the charges.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Brandeis

Memorandum opinion by direction of the court, by Mr. Justice Brandeis.

In this action by a shipper brought under the long-and-short-haul statute of Missouri a judgment for the over *135 charges entered by the trial court was affirmed by the highest court of the State.

The case comes here on writ of error, the railroad contending that the statute as construed violates rights secured to it by the Federal Constitution. The only federal question which was substantial and properly raised below was decided adversely to the railroad’s contention in Missouri Pacific Ry. Co.

v. McGrew Coal Co., 244 U. S. 191 , a case between the same parties and involving transactions precisely similar. The objection now made, that the shipper did not pay freight charges and, therefore, was not damaged, raised no substantial federal question but a question of state law which we have no jurisdiction to review. See Osborne v. Gray, 241 U. S. 16, 20 .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1922: 11927: 11932: 11933: 11936: 11947: 119222026peak 1922 · 1

Relies on it most ⓘ

  1. Sherwin v. Jonas149 Misc. 481 (1933)
  2. State ex rel. McGrew Coal Co. v. Ragland97 S.W.2d 113 (Mo. 1936)
  3. Whitney v. California274 U.S. 357 (1927)
  4. Price v. City of St. Petersburg29 So. 2d 753 (Fla. 1947)
  5. McCaull-Dinsmore Co. v. Great Northern Railway Co.191 N.W. 42 (Minn. 1922)
  6. Commonwealth v. Centr. R. R. Co. of N.J.162 A. 811 (Pa. 1932)

Most recent

  1. Price v. City of St. Petersburg29 So. 2d 753 (Fla. 1947)
  2. State ex rel. McGrew Coal Co. v. Ragland97 S.W.2d 113 (Mo. 1936)
  3. Sherwin v. Jonas149 Misc. 481 (1933)
  4. Commonwealth v. Centr. R. R. Co. of N.J.162 A. 811 (Pa. 1932)
  5. Whitney v. California274 U.S. 357 (1927)
  6. McCaull-Dinsmore Co. v. Great Northern Railway Co.191 N.W. 42 (Minn. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Osborne v. Gray, 241 U.S. 16 (1916) 39
Mo. Pac. Ry. Co. v. McGrew Coal Co., 244 U.S. 191 (1917) 5

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