Legal Opinion

Fielder v. Missouri, Kansas & Texas Railway Co.

Texas Supreme Court

Decided June 24, 1898No. 649PublishedCited by 3 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Grayson County. Fielder sued the railway company to recover penalties for discrimination. Judgment being for defendant, he appealed, and on its affirmance, obtained writ of error.

1Opinion of the Court

GAINES, Chief Justice.

This case as made by the amended petition upon which it was tried was a suit by the plaintiff in error to recover of defendant in error actual damages and penalties under section 15 of' the Act of April 3, 1891, to establish a railroad commission.

The case made by the pleadings and evidence is that the plaintiff and one Arnoldi were competitors in the business of selling coal in the city of Sherman; that they received their supplies by shipments over the defendant’s road from the Indian Territory; that there was a spur track from the depot of the company to the coal bins…

2Cited by3 opinions

  1. State ex inf. Crow v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1903
  2. Missouri Iron & Metal Co. v. Texas & P. Ry. Co.Court of Appeals of Texas · 1917
  3. Gulf, Colorado & Santa Fe Railway Co. v. StateCourt of Appeals of Texas · 1903

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