Houston & T. C. R'y Co. v. Rust & Dinkins
Texas Supreme Court
Error from Travis. Tried below before the Hon. E. B. Turner. The questions involved will appear from the statement of the case and the agreed facts, as the same are made and presented in the brief of the appellants’ counsel.
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Error from Travis. Tried below before the Hon. E. B. Turner. The questions involved will appear from the statement of the case and the agreed facts, as the same are made and presented in the brief of the appellants’ counsel. The statement of the case, and of the facts, are as follows: Rust & Dinkins,, plaintiffs in the court below, were, during the cotton shipping season of 1876-77, merchants and partners in the ' business of receiving, forwarding and dealing in cotton at Austin," Texas. The defendant, the Houston & Texas Central Railway Company, is a common carrier over the line of its road,…
1Opinion of the Court
Walker, P. J. Com. App.
The charge of the court asserts the proposition that it is unlawful for a railroad company to discriminate in the rates charged as freight between shippers over its road, where the transportation involves the like service to the one as to the other, and where the said shippers are sending their freights over the road during the same period of time. It likewise propounded the test whereby to ascertain and determine in what consisted the “ discrimination; ” which was defined, in effect, to consist of the single fact, Avithout other qualification or exception, of charging…
2Cases cited4 opinions
- Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868
- Chicago & Northwestern Railway Co. v. People ex rel. HempsteadIllinois Supreme Court · 1870
- Sargent v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Eclipse Towboat Co. v. Pontchartrain RailroadSupreme Court of Louisiana · 1872
3Cited by7 opinions
- Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- Lo-Vaca Gathering Co. v. Missouri-Kansas-Texas RailroadCourt of Appeals of Texas · 1972
- Western Union Telegraph Co. v. Call Publishing Co.Nebraska Supreme Court · 1895
- St. Louis Southwestern Railway Co. v. State of TexasTexas Supreme Court · 1924
- Ft. Worth & D. C. Ry. Co. v. FrazierCourt of Appeals of Texas · 1916
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