Big 4 Coal Co. v. Hocking Valley Ry. Co.

The original action out of which this proceeding in error grows was brought in the court of common pleas by The Big 4 Coal Company to recover claimed excessive and unlawful rates and overpayments exacted of it in the shipment of coal from Nelsonville, Ohio, to Toledo, on *89'the defendant’s line of railroad. The petition yvas met by a general demurrer, 'which the court, on consideration, sustained, and the plaintiff not desiring to plead further final judgment was rendered, dismissing the petition.

It appears from the allegations of the petition that the plaintiff is engaged in the business of…