Central Railway Co. v. Hearne
Texas Supreme Court
Error from Harris. Tried below before the Hon. George R. Scott. This suit was brought to the Fall term (1867) of the District Court of Harris county. Its character and purpose is clearly stated in the opinion of the court.
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Error from Harris. Tried below before the Hon. George R. Scott. This suit was brought to the Fall term (1867) of the District Court of Harris county. Its character and purpose is clearly stated in the opinion of the court. Hearne, plaintiff below, obtained verdict and had judgment for $208 56, at the Spring term, 1869. In his original and amended petitions the plaintiff alleged that by the custom of the country and commercial custom, cotton in bales was universally deemed and known to be “ weight freight,” and was so known and deemed at the time the railway company was incorporated and…
1Opinion of the CourtWalker, J.
Hearne, the plaintiff below, brought suit against the plaintiff in error, to reclaim certain sums of money which he alleges were extorted from him through his agents,, Austin, Lewis & Co. and J. S. Sellers & Co., by said railroad *561company, by an overcharge of freight on certain lots of cotton,, in bales, shipped by him over the company’s road, from Mullican to Houston, a distance of eighty miles.
The petition alleges that the railroad company was limited to certain rates of charge on freights at given distances, by the-terms of its charter, and that it exceeded its franchise, and unjustly…
2Cases cited1 opinion
- State v. MarshallSupreme Court of Alabama · 1848
3Cited by6 opinions
- In Re DuncanSupreme Court of the United States · 1891
- Baldwin v. StateCourt of Appeals of Texas · 1886
- Long v. StateCourt of Criminal Appeals of Texas · 1910
- Nueces County v. KingCourt of Appeals of Texas · 1961
- Atchison, T. & S. F. Ry. Co. v. HixCourt of Appeals of Texas · 1926
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