Sparta Gas & Electric Co. v. Illinois Southern Railway Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Randolph county; the Hon. Charles T. Moore, Judge, presiding. Heard in this court at the October term, 1909. Statement by the Court.
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Appeal from the Circuit Court of Randolph county; the Hon. Charles T. Moore, Judge, presiding. Heard in this court at the October term, 1909. Statement by the Court. This appeal was taken, from a judgment of the Circuit Court of Randolph county in favor of Sparta Gas & Electric Company against The Illinois Southern Railway Company, for $1,248.51. The declaration contains one hundred and thirty-three counts, the first of which charges in substance that by rule 23 of the Railroad and Warehouse Commission made and published prior to January 1, 1900, the reasonable maximum rate for switching…
1Opinion of the CourtJustice Duncan
It is stated by counsel for appellee in his brief that, “Appellee based its case on Eule 23 which defines a switch movement and prescribes a maximum rate, which rate is prima facie correct.” It is evident that unless the services rendered by appellant for which it is alleged the extortionate charges were made, can be properly classified as switching services within the meaning of said rule, that appellee cannot maintain its suit under said declaration. The declaration charges in every count that the services rendered were for switching loaded cars; that the extortionate charges for which…
2Cases cited1 opinion
- State v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1893
3Cited by1 opinion
- Louisville Water Co. v. Illinois Cent. R. Co.District Court, W.D. Kentucky · 1936