E. L. Young Heading Co. v. Payne
Mississippi Supreme Court
Appeal from circuit court of Monroe county. Hon. C. P. Long, Judge. Suit by tbe E. L. Young Heading Company against John Barton Payne, Director General of Railroads and Agent of tbe United States. Directed verdict and judgment for tbe defendant, and tbe plaintiff: appeals.
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Appeal from circuit court of Monroe county. Hon. C. P. Long, Judge. Suit by tbe E. L. Young Heading Company against John Barton Payne, Director General of Railroads and Agent of tbe United States. Directed verdict and judgment for tbe defendant, and tbe plaintiff: appeals. Tbe appellant sued tbe appellee as Director General and Agent of tbe Illinois Central Railroad Company for an amount wbicb appellant alleged represented freight charges unlawfully demanded and collected from the appellant by the appellee on nine carloads of rough sawed beading shipped to appellant from Longview to Aberdeen…
1Opinion of the CourtAnderson, J.
(After stating the facts as above). The first question we will consider is as to what tariff rate was applicable to the shipment of these nine carloads of rough sawed heading from Longview to Aberdeen.
It is contended on behalf of the appellant that the tariff rate on heading bolts applied, which tariff provides for a milling in transit rate. It will be seen from this tariff on heading bolts that the rate prior to June 24, 1918, from Longview to Aberdeen was seven and one-half cents per one hundred pounds, and after that date and up to the time of the trial of this cause in the court below it…
2Cases cited2 opinions
- Cullen v. Seaboard Air Line RailroadSupreme Court of Florida · 1912
- Stone v. Natchez, Jackson & Columbus RailroadMississippi Supreme Court · 1885
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- Gulf, C. & S. F. Ry. Co. v. American Sugar Refining Co.Court of Appeals of Texas · 1939
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