Legal Opinion

Efland v. Southern Railway Co.

Supreme Court of North Carolina

Decided November 20, 1907PublishedCited by 18 opinions

DEFENDANT’S APPEAL. Action tried on appeal from the court of a justice of the peace, before Gouncill, and a jury, at August Term, 1907, of the Superior Court of Obange County.

Read the full summary

DEFENDANT’S APPEAL. Action tried on appeal from the court of a justice of the peace, before Gouncill, and a jury, at August Term, 1907, of the Superior Court of Obange County. The demand was for the amount of an overcharge paid by plaintiffs on a shipment from Efland, in North Carolina, to Lexington; N. 0., and for a penalty for failure to adjust same, imposed by section 2644, Revisal 1905. There was evidence on the part of plaintiffs tending to establish the claim and formal demand therefor, as required by the statute. The Judge charged the jury as follows: “That, if they should find from…

1Opinion of the Court

Hoice, J\,

after stating the case: Our statute ax^plicable to the questions involved in this appeal (Kevisal 1905, ch. 61, sec. 2642) directs: “That no railroad, steamboat, express or other transportation company engaged in the carriage óf freight, and no telegraph company or telephone company shall demand, collect or receive for any service rendered or to be rendered in the transportation of property or transmission of messages more than the rates appearing in the printed tariff of such company in force at the time such service is rendered, or more than is allowed by law.” In section 2643 a…

2Cases cited17 opinions

  1. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  2. County of Mobile v. KimballSupreme Court of the United States · 1881
  3. Orient Insurance v. DaggsSupreme Court of the United States · 1899
  4. Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
  5. Tullis v. Lake Erie & Western RailroadSupreme Court of the United States · 1899

12 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
  2. State v. . BurnettSupreme Court of North Carolina · 1920
  3. Asbury v. Town of AlbemarleSupreme Court of North Carolina · 1913
  4. Seaboard Air Line Railway v. SimonSupreme Court of Florida · 1908
  5. Brunswick-Balke-Collender Co. v. Mecklenburg CountySupreme Court of North Carolina · 1921

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API