Baker Wire Co. v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Polls District Court. — Hon. W. A. Spurrier, Judge. Action to recover treble damages for overcharges exacted on freight shipments over defendant railway. There was a demurrer to the petition, which was sustained. Plaintiff electing to stand on its petition, judgment was rendered in favor of defendant for costs. Plaintiff appeals.
1Opinion of the CourtWaterman, J.
This action was begun on December 21,1891. On the ninth day of November, 1895, an amended and substituted petition was filed. It contains one hundred and fifty-nine separate counts, each count setting forth a particular shipment of freight, the amount of the overcharge, and a claim for treble the amount of such overcharge as damage. The total damages are laid at one thousand four hundred and nine dollars and twenty-two cents. There is *240also a claim in the petition for ten dollars attorney’s fee on each count. The shipments mentioned began on July 11, 1888, and the last one was made on February…
2Cases cited11 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Frohock v. PatteeSupreme Judicial Court of Maine · 1854
- Koons v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1867
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3Cited by2 opinions
- Stevenson v. StouferSupreme Court of Iowa · 1946
- Stevenson v. StouferSupreme Court of Iowa · 1946