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· 5/8/1909

Missouri, Kansas & Texas Railway Co. v. New Era Milling Co.

Citations

  • 80 Kan. 141
  • 101 P. 1011
  • 1909 Kan. LEXIS 34

Syllabus

<p>SYLLABUS' BY THE COURT.</p> <p>1. Railroads — Interstate Commerce. Freight received by a rail- ' way company in Kansas, to be transported over its own and a connecting line, on a through bill of lading and by a continuous trip, to a point beyond the state, is deemed to be interstate commerce.</p> <p>2. - Rates — Jurisdiction of Interstate Commerce Commission. In such a case, where the rate charged for the through shipment is the aggregate of the local rates on the two lines, and where the connecting line had previously adopted and filed with the interstate commerce commission a tariff under which its proportion of the charge on the through shipment was collected, and there is a claim by the shipper that the charge made is excessive, unreasonable and unjust, his redress must be through the interstate commerce commission, and can. not be obtained in a state court.</p>

Judges: Johnston

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