State v. Central Vermont Railway Co.
Supreme Court of Vermont
Special Assumpsit for damage caused by the payment of freight charges exacted in violation of P. S. 4485. Heard on general demurrer to the declaration at the September Term, 1907, Washington County, Waterman, J., presiding. Demurrer overruled, and declaration adjudged sufficient. The defendant excepted. The opinion recites the material allegations of the declaration. See next following case. The party who is directly injured by the wrong done is the “party aggrieved.”
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Special Assumpsit for damage caused by the payment of freight charges exacted in violation of P. S. 4485. Heard on general demurrer to the declaration at the September Term, 1907, Washington County, Waterman, J., presiding. Demurrer overruled, and declaration adjudged sufficient. The defendant excepted. The opinion recites the material allegations of the declaration. See next following case. The party who is directly injured by the wrong done is the “party aggrieved.” Since the excess of freight was added to the price of the coal which the State was compelled to pay, the State is the only…
1Opinion of the CourtMunson, J.
It is provided by V. S. 3901 that “a railroad corporation whose railroad is located in the State, shall not charge a larger sum for freight, merchandise, or passengers thereon for a less distance, to or from a way station on said road, than is charged for a greater-distance;” and that “in case of a violation of the provision, the excess so charged may be recovered from said corporation, by the party aggrieved, in an action for money had and received, with costs.”
The State, the plaintiff in the case, supplied its asylum in Waterbury with coal bought of the George Hall Coal Company, and shipped…
2Cases cited6 opinions
- Peavy v. GossTexas Supreme Court · 1896
- Hadley v. Western Union Telegraph Co.Indiana Supreme Court · 1888
- Woodward v. SpearSupreme Court of Vermont · 1838
- Hemmenway v. CoreySupreme Court of Vermont · 1844
- Dewey v. St. Albans Trust Co.Supreme Court of Vermont · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Matthews v. MatthewsNew York Court of Appeals · 1925
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- Nix v. JamesCourt of Appeals for the Ninth Circuit · 1925
- E. B. & A. C. Whiting Co. v. City of BurlingtonSupreme Court of Vermont · 1934
- Congdon v. CongdonSupreme Court of Minnesota · 1924
21 more not listed; retrieve them via the Exa API.