Louisville & N. R. R. v. Walker
Court of Appeals of Kentucky
Case 115 — Action to Recover Freight Charges Illegally Exacted prom Plaintifp — APPEAL PROM BARREN CIRCUIT COURT. Judgment for Plaintiff and Dependant Appeals. POINTS AND CITATIONS. I. Appellee neither alleged nor proved any damage whatever, and appellant showed that no damage was sustained by him. Louisville Gas Co. v. Kaufman, Straus & Co., 20 Ky. Law Rep., 1069; Grant v. Penn & Co., 133 N. Y., 658; L. & N. R. R. Co. v. Commonwealth, 20 Ky.
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Case 115 — Action to Recover Freight Charges Illegally Exacted prom Plaintifp — APPEAL PROM BARREN CIRCUIT COURT. Judgment for Plaintiff and Dependant Appeals. POINTS AND CITATIONS. I. Appellee neither alleged nor proved any damage whatever, and appellant showed that no damage was sustained by him. Louisville Gas Co. v. Kaufman, Straus & Co., 20 Ky. Law Rep., 1069; Grant v. Penn & Co., 133 N. Y., 658; L. & N. R. R. Co. v. Commonwealth, 20 Ky. Law Rep., 1380. 2. As to Glasgow shipments there was no violation of the law because Glasgow was not on the same line with Bowling Green. Allen & Lewis…
1Opinion of the Court
Opinion oe the court by
JUDGE HOBSON
Reversing.
Appellee, J. F. Walker, shipped over appellant’s road from Cave City to Louisville tobacco prized in casks, for which it charged him 29 cents a hundred pounds for freight. He also shipped tobacco from Glasgow, by way of Glasgow Junction, to Louisville, for which it charged him 36 cents a hundred. Gave City and Glasgow Junction are stations on appellant’s road between Bowling Green -and' Louisville, and at the time of these shipments, appellant charged 20 cents a hundred pounds for transporting tobacco from Bowling Green to Louisville. Glasgow is 10…
2Cases cited1 opinion
- Hutchison v. L. & N. R. R. Co.Court of Appeals of Kentucky · 1900
3Cited by8 opinions
- Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
- Commonwealth v. LacasseMassachusetts Appeals Court · 1973
- State v. DohertyOregon Supreme Court · 1908
- Illinois Central Railroad v. Paducah Brewery Co.Court of Appeals of Kentucky · 1914
- Southern Pac. Co. v. California Adjustment Co.Court of Appeals for the Ninth Circuit · 1916
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