MISSOURI PACIFIC RAILWAY COMPANY v. McGREW COAL COMPANY

Supreme Court of the United States
MISSOURI PACIFIC RAILWAY COMPANY v. McGREW COAL COMPANY, 256 U.S. 134 (1921)
41 S. Ct. 404; 65 L. Ed. 864; 1921 U.S. LEXIS 1702

MISSOURI PACIFIC RAILWAY COMPANY v. McGREW COAL COMPANY

Opinion

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.

Reference

Cited By
7 cases
Status
Published
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.