Kellogg v. . R. R.

Judgment for defendant. Plaintiff appealed.

The facts appear in the opinion of the Court. This was a civil action, originally commenced before a justice of the peace for the county of Gates, to recover a penalty of $50, for refusing to receive freight, under section 1964 of The Code, and carried by appeal to the Superior Court of said county and tried before Avery, J., at Spring Term, 1887, of said court.

The evidence was, in substance, that during the latter part of November, 1886, the plaintiff carried two mattresses and put them on the platform of a building standing at a place on the line…