Missouri Pacific R. Co. v. Stroud, 267 U.S. 404 (1925)

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Missouri Pacific R. Co. v. Stroud


No. 168


Argued January 14, 1925
Decided March 2, 1925
267 U.S. 404

CERTIORARI TO THE SPRINGFIELD COURT OF APPEALS
OF THE STATE OF MISSOURI

Syllabus

Where a carrier has two routes by which freight may move between two points within a state, one route wholly within the state and the other partly through another, a prospective shipment which, following the carrier’s practice and, in the absence of preference expressed by the shipper, would move over the latter route, is to be governed by the Interstate Commerce Act in respect of the carrier’s duty to avoid discrimination in furnishing cars, and a state regulation in that regard is therefore inapplicable. P. 407.

212 Mo.App. 512 reversed.

Certiorari to a judgment of the Court of Appeals of Missouri affirming, with a reduction, a judgment for treble damages recovered by Stroud from the railroad company, under Rev.Stats. Mo. §§ 985, 9990, for discrimination in furnishing freight cars.