Sorrell & Nall v. Central Railroad
Supreme Court of Georgia
Railroads. Railroad Commission. Actions. Carriers. Before Judge Stewart. Spalding Superior Court. August Adjourned Term, 1884. Sorrell & Nall brought suit against the Central Railroad, alleging that the defendant was a common carrier, and bound to transport goods and property at reasonable rates; that it had transported certain cotton for the plaintiffs from Griffin to Savannah, but had charged unreasonable and extortionate rates of freight, the amount of excess over…
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Railroads. Railroad Commission. Actions. Carriers. Before Judge Stewart. Spalding Superior Court. August Adjourned Term, 1884. Sorrell & Nall brought suit against the Central Railroad, alleging that the defendant was a common carrier, and bound to transport goods and property at reasonable rates; that it had transported certain cotton for the plaintiffs from Griffin to Savannah, but had charged unreasonable and extortionate rates of freight, the amount of excess over reasonable rates being $1,760.81, which the plaintiffs paid under protest. The object of the suit was to recover this amount.…
1Opinion of the Court
Jackson, Chief Justice.
This case came before the superior court of the county of Spalding, on a demurrer to the plaintiffs’ declaration, which demurrer was sustained, and the case dismissed, and thereupon the plaintiffs excepted.
The declaration alleged that the Central Railroad & Banking Company was indebted to the plaintiffs seventeen hundred and sixty dollars and eighty-one ceuts for overcharges beyond a reasonable rate, for the transportation of cotton from Griffin to Savannah. The demurrer was to the effect that no cause of action was set out therein, because, by statute law in this…
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