Schenberger v. Union Pacific Railroad

The opinion of the court was delivered by

Benson, J.:

This is an action to recover damages alleged to have been suffered by the plaintiff by reason of the false and fraudulent statements of its freight agent that the rate for the transportation of wheat in carload lots from Wakefield, Kan., to New Braunfels, Tex., was 31 cents per hundredweight, when in fact the regular rate was 431/2 cents per hundredweight, whereby the plaintiff suffered damages in the sum of *80$150.25, being the difference between the rate quoted and the regular rate charged upon two cars of wheat ■sold and shipped in reliance…