Mitchell Coal & Coke Co. v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeals, Nos. 91 and 104, Jan. T., 1913, by plaintiff and defendant respectively, from judgment of C. P. No. 3, Philadelphia Co., March T., 1905, No. 543, on findings of a referee in favor of plaintiff in case of Mitchell Coal and Coke Company v. Pennsylvania Railroad Company. Trespass to recover damages for unlawful discrimination in granting rebates and drawbacks to plaintiff’s competitors.
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Appeals, Nos. 91 and 104, Jan. T., 1913, by plaintiff and defendant respectively, from judgment of C. P. No. 3, Philadelphia Co., March T., 1905, No. 543, on findings of a referee in favor of plaintiff in case of Mitchell Coal and Coke Company v. Pennsylvania Railroad Company. Trespass to recover damages for unlawful discrimination in granting rebates and drawbacks to plaintiff’s competitors. Before Ferguson, J. The case was referred to Theodore F. Jenkins, Esq., as referee, who found for plaintiff, and awarded damages for delay in payment. Upon exceptions to the supplemental report of the…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
These two appeals are from the same judgment, were argued together, and may be considered and disposed of in one opinion. While the record is voluminous, as suggested by the learned judge of the Common Pleas, and numerous assignments of error have been filed by both parties, we will consider, as the parties in their printed briefs have done, the questions presented without specific reference to the several assignments.
The action was trespass to recover damages for unlawful discrimination in freight rates which the plaintiff company, as a shipper of coal and…
2Cases cited5 opinions
- Allen v. Tuscarora Valley RailroadSupreme Court of Pennsylvania · 1910
- Fairchild v. Dunbar Furnace Co., Pennsylvania Court of Common Pleas, Fayette County1889
- Hughes v. StevensSupreme Court of Pennsylvania · 1860
- Borda v. Phila. & R. R.Supreme Court of Pennsylvania · 1891
- Dunbar Furnace Co. v. FairchildSupreme Court of Pennsylvania · 1888
3Cited by8 opinions
- Goldberg v. FriedrichSupreme Court of Pennsylvania · 1924
- Hall v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- McNaughton v. Rockford State BankMichigan Supreme Court · 1933
- Andrews v. MarsdenSupreme Court of Pennsylvania · 1923
- Main Realty Co. v. Blackstone Valley Gas & Electric Co.Supreme Court of Rhode Island · 1937
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