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TURNER LUMBER CO. v. C., M. & ST. P. RY.

No. 271.

271 U.S. 259 (1926)

46 S.Ct. 530

70 L.Ed. 934

TURNER, DENNIS & LOWRY LUMBER COMPANY v. CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY.

Supreme Court of United States.

Decided May 24, 1926.

Attorney(s) appearing for the Case

Messrs. Rees Turpin and Edward A. Haid for plaintiff in error.

Messrs. O.W. Dynes and J.N. Davis for respondent.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Turner, Dennis & Lowry Lumber Company brought this action against the Chicago, Milwaukee & St. Paul Railway Company in the federal court for western Missouri to recover $40 alleged to have been illegally exacted in December, 1921. That sum was collected by the carrier, in accordance with a demurrage tariff duly filed, as a so-called penalty at the rate of $10...

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