Macon County Supply Co. v. Tallulah Falls Railroad
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at Fall Term, 1913, of MACON. Tbis is an action to recover an overcharge on an interstate shipment of freight, and the penalty prescribed in section 2644. After the freight had been paid, the plaintiff applied to the defendant for its rate, and correctly made np its claim of $3.75, based on the rate given. The defendant refused to pay the claim, and the plaintiff sued to recover the sum of $3.75 and the penalty.
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Appeal by defendant from Ferguson, J., at Fall Term, 1913, of MACON. Tbis is an action to recover an overcharge on an interstate shipment of freight, and the penalty prescribed in section 2644. After the freight had been paid, the plaintiff applied to the defendant for its rate, and correctly made np its claim of $3.75, based on the rate given. The defendant refused to pay the claim, and the plaintiff sued to recover the sum of $3.75 and the penalty. The defendant offered to p'ay $2.39, and the jury found that the overcharge was $3.56. The discrepancy between the amount claimed and the amount…
1Opinion of the CourtAllekt, J.
The only assignment of error relied on in the brief of tbe appellant is the fourth, and as to this it is contended : (1) That the act -(Rev., sec. 2644) imposing a penalty for nonpayment of an overcharge of freight is invalid, because it is an interference with interstate commerce. (2) That to' permit a recovery of the penalty when the plaintiff has failed to sustain his claim in full would be a taking of the property of the defendant without due process.
The first exception of the defendant is disposed of by the decision in Thurston v. R. R., 165 N. C., 598, and it is not necessary to…
2Cases cited3 opinions
- Yazoo & Mississippi Valley Railroad v. Jackson Vinegar Co.Supreme Court of the United States · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. WynneSupreme Court of the United States · 1912
- Thurston v. Southern Railway Co.Supreme Court of North Carolina · 1914