Louisville, Evansville & St. Louis Consolidated Railroad v. Crown Coal Co.
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair County; the Hon. B. H. Caney, Judge, presiding. The Crown Coal Company brought this suit in assumpsit against appellant to recover treble damages and attorney’s fee under the provisions of Chap. 114, E. S., prohibiting unjust discrimination in the rates charged for the transportation of passengers and freight over railroads in this State. The declaration consisted of two counts.
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Appeal from the Circuit Court of St. Clair County; the Hon. B. H. Caney, Judge, presiding. The Crown Coal Company brought this suit in assumpsit against appellant to recover treble damages and attorney’s fee under the provisions of Chap. 114, E. S., prohibiting unjust discrimination in the rates charged for the transportation of passengers and freight over railroads in this State. The declaration consisted of two counts. In the first count it is averred that on every day between April 1, 1889 and January 1,1890, plaintiff, from its coal mine in Saint Clair County, Illinois, on a switch…
1Opinion of the CourtGreed, P. J.
The finding and judgment appealed from was entered in favor of plaintiff upon the cause of action set up in the first count of the declaration. This is apparent because of the amount charged in said count as unjust discrimination agreeing with the amount of judgment rendered. The alleged discrimination against plaintiff is seven and one-half cents per ton, the difference between a rate of forty-five cents per ton paid it by plaintiff and thirty-seven cents per ton paid it by the Consolidated Coal Company. The number of tons shipped by plaintiff over defendant’s road during the period from…
2Cases cited2 opinions
- Chicago & Alton Railroad v. People ex rel. KoernerIllinois Supreme Court · 1873
- Chicago, Burlington & Quincy R. R. v. PeopleIllinois Supreme Court · 1875
3Cited by1 opinion
- Savitz v. O. & M. Ry. Co.Appellate Court of Illinois · 1893