Western Union Telegraph Co. v. Call Publishing Co.
Nebraska Supreme Court
Error from the district court of ■ Lancaster county. Tried below before Cornish, J. In order to constitute an unjust discrimination there must be a difference in rates under substantially similar conditions as to service.
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Error from the district court of ■ Lancaster county. Tried below before Cornish, J. In order to constitute an unjust discrimination there must be a difference in rates under substantially similar conditions as to service. (Western Union Telegraph (Jo. v. Call Publishing (Jo., 44 Neb. 326.) Where it is shown that a difference of rates exists, but that there is a substantial difference in conditions affecting the difficulties or expense of performing the service, no cause of action arises without evidence to show that the difference in rates is disproportionate to the difference in conditions.…
1Opinion of the CourtHarrison, C. J.
In this action a recovery was sought of damages alleged to have accrued to the defendant in error by reason of unjust discrimination against it and in favor of another patron of the plaintiff in error in the rates charged for contemporaneous services. There was a trial of the *194issues joined in the district court and the plaintiff was awarded a judgment. In an error proceeding in this court the judgment was reversed and the cause remanded. A second trial in the district court resulted in a judgment for defendant in error, and the cause has been again removed to this court by the telegraph…
2Cases cited8 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- Atchison, Topeka & Santa Fe Railroad v. LawlerNebraska Supreme Court · 1894
- Chicago, R. I. & P. R. Co. v. WittyNebraska Supreme Court · 1891
- St. Joseph & Grand Island Railroad v. PalmerNebraska Supreme Court · 1893
- Beatty v. RussellNebraska Supreme Court · 1894
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3Cited by5 opinions
- Younts v. Southwestern Telegraph & Telephone Co.U.S. Circuit Court for the District of Eastern Arkansas · 1911
- Erickson v. Metropolitan Utilities DistrictNebraska Supreme Court · 1961
- Rutherford v. City of OmahaNebraska Supreme Court · 1968
- Bradford v. Citizens' Telephone Co.Michigan Supreme Court · 1910
- Rutherford v. City of OmahaNebraska Supreme Court · 1968