United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

Missouri Pacific R. Co. v. Stroud

No. 168

Argued January 14, 1925

Decided March 2, 1925

267 U.S. 404

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

Page 267 U. S. 405

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. 267 U. S. 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.