Louisville & Nashville Railroad v. Fulgham

This action was brought by the appellee ■against the appellant, and sought to recover a sum of money paid by plaintiff as an overcharge of freight for the transportation of coal from Warrior to Decatur. The complaint counted for money had and received, and on an account stated.

It is shown by the bill of exceptions, that the bill of lading recites, as the agreed rate of freight, the schedule rate of $1.40 per ton. That is the regular charge as found in the company’s published tariff of rates. On the arrival of the coal in Decatur, the plaintiff paid the amount oí freight due thereon at the…