Efland v. Southern Railway Co.
Supreme Court of North Carolina
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.
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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…
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