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256 US 134 Missouri Pac Ry Co v. McGrew Coal Co

256 U.S. 134

41 S.Ct. 404

65 L.Ed. 864

MISSOURI PAC. RY. CO.
v.
McGREW COAL CO.

No. 265.

Argued March 1, 1921.

Decided April 11, 1921.

Messrs. E. J. White and James F. Green, both of St. Louis, Mo., for plaintiff in error.

Mr. E. A. Krauthoff, of Washington, D. C., for defendant in error.

Memorandum opinion by direction of the Court, by Mr. Justice BRANDEIS.

1

In this action by a shipper brought under the long and short haul statute of Missouri (Rev. St. Mo. 1909, § 3173) a judgment for the over charges entered by the trial court was affirmed by the highest court of the state.

2

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 Railway Co. v. McGrew Coal Co., 244 U. S. 191, 37 Sup. Ct. 518, 61 L. Ed. 1075, 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, 36 Sup. Ct. 486, 60 L. Ed. 865.

3

Affirmed.