Hewitt Logging Co. v. Northern Pacific Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce county, Easterday, J., entered January 15, 1916, in favor of the plaintiff, upon overruling a demurrer to the complaint, in an action to recover money paid.
1Opinion of the CourtChadwick, J.
This is an action to recover for an overcharge, collected by appellant from respondent’s assignor, *598for freight upon sawlogs* hauled from Satsop, Washington, to Hoquiam. A greater rate was charged than for a like service given to others between Mack, Washington, and Hoquiam, a greater distance on the same line and in the same direction. The freight was hauled under the published tariffs of the road.
After a demurrer had been filed, the complaint, which alleged no more than the overcharge, was amended, appellant consenting thereto, by adding the following:
“All of which shipments were covered by…
2Cases cited7 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- State ex rel. Oregon Railroad & Navigation Co. v. Railroad CommissionWashington Supreme Court · 1909
- Sullivan v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1913
- Lilly Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1911
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3Cited by16 opinions
- State v. PavelichWashington Supreme Court · 1929
- State ex rel. Puget Sound Navigation Co. v. Department of TransportationWashington Supreme Court · 1949
- Belcher v. Tacoma Eastern RailroadWashington Supreme Court · 1917
- Doney v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Halbert v. BerlingerCalifornia Court of Appeal · 1954
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