Blalock Hardware Co. v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Rountree, J., at March Term, 1915, of ANSON. Civil action to recover an alleged overcharge upon an interstate shipment, with the penalty for failure to refund said overcharge within sixty days as required by Bevisal, secs. 2643-2644. In May, 1912, there was shipped to plaintiff from Detroit, Mich., a carload of freight, and upon arrival plaintiff paid charges thereon amounting to $161.34. Plaintiff claimed that the charge should have been only…
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Appeal by defendant from Rountree, J., at March Term, 1915, of ANSON. Civil action to recover an alleged overcharge upon an interstate shipment, with the penalty for failure to refund said overcharge within sixty days as required by Bevisal, secs. 2643-2644. In May, 1912, there was shipped to plaintiff from Detroit, Mich., a carload of freight, and upon arrival plaintiff paid charges thereon amounting to $161.34. Plaintiff claimed that the charge should have been only $153.38, and, therefore, he had been overcharged $7.96. Demand for the return of' this alleged overcharge not being complied…
1Opinion of the Court
WalKER, I.,
after stating the case: It is contended by the defendant that plaintiff has failed to offer any evidence of the alleged overcharge. The burden was upon the plaintiff to show that the amount charged by defendant was in excess of the rate specified in the published tariffs. (Rev., sec. 2642.) The only evidence offered by plaintiff as to the published rate was a certificate of the secretary of the Interstate Commerce Commission, showing that the rate on automobiles from Detroit, Mich., to Richmond, Ya., was a certain amount, and that the rate from Richmond to Wadesboro was a certain…
2Cases cited15 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Charleston & Western Carolina Railway Co. v. Varnville Furniture Co.Supreme Court of the United States · 1915
- Northern Pacific Railway Co. v. Washington Ex Rel. AtkinsonSupreme Court of the United States · 1912
- Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
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- Dickerson v. . DailSupreme Court of North Carolina · 1912
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