Messenger v. Pennsylvania Railroad
Supreme Court of New Jersey
In case. On demurrer to declaration. The declaration sets out-, (first and second counts,) that the plaintiffs were large shippers of live hogs from Chicago and Pittsburg to Jersey City, and that the defendants, in the city of New York, on the 1st of December, 1870, agreed with the plaintiffs, that if they would ship by them, they would,on and after January 1st, 1871, transport their hogs from Chicago and from Pittsburg, to Jersey City, at the regular rates, allowing them a…
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In case. On demurrer to declaration. The declaration sets out-, (first and second counts,) that the plaintiffs were large shippers of live hogs from Chicago and Pittsburg to Jersey City, and that the defendants, in the city of New York, on the 1st of December, 1870, agreed with the plaintiffs, that if they would ship by them, they would,on and after January 1st, 1871, transport their hogs from Chicago and from Pittsburg, to Jersey City, at the regular rates, allowing them a drawback of twenty cents per hundred pounds upon all hogs shipped from Chicago, and ten cents per hundred upon those…
1Opinion of the Court
*409The opinion of the court was delivered by
Beasley, Chief Justice.
The Pennsylvania Railroad Company, who are the defendants in this action, agreed with the plaintiffs to carry certain merchandise for them, between certain termini, at a fixed rate less than they should carry between the same points for any other person. The allegagation is, that goods have been carried for other parties at a certain rate below what the goods of the plaintiffs have been carried, and this suit is to enforce the foregoing stipulation. The question is, whether the agreement thus forming the foundation of the suit is…
2Cited by2 opinions
- State Ex Rel. Laundry, Inc. v. Public Service CommissionSupreme Court of Missouri · 1931
- Root v. . L.I.R.R. Co.New York Court of Appeals · 1889