Hines v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ACTIONS, tried before Graves, Judge, on a ease agreed, at Spring Term, 1885, of Halifax Superior Court. The facts are substantially the same as in the preceeding cases of McGwigan v. The Railroad, except that in these cases, the freight was shipped from a point within the State to a point within the State, and so the question of inter-state commerce did not arise. There was a judgment for the plaintiff and the defendant appealed. .
1Opinion of the CourtMerrimon, J.
This action is brought to recover a penalty which, it is alleged, the defendant has incurred by a violation of the statute, (The Code, §1966), which provides that “ It shall be unlawful for any railroad corporation operating in this State, to charge for the transportation of any freight of any description over its road a greater amount, as toll or compensation, than shall at the same time be charged by it for the transportation of an equal quantity of the same class of freight transported in the same direction over any portion of the same railroad of equal distance; and any railroad company…
2Cases cited4 opinions
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Platt v. Union Pacific RailroadSupreme Court of the United States · 1879
- Hadden v. CollectorSupreme Court of the United States · 1867
- Coble v. ShoffnerSupreme Court of North Carolina · 1876
3Cited by18 opinions
- State v. Patterson.Supreme Court of North Carolina · 1904
- In Re Chisholm's WillSupreme Court of North Carolina · 1918
- State v. . GierschSupreme Court of North Carolina · 1887
- State v. . HeathSupreme Court of North Carolina · 1930
- State v. . MitchellSupreme Court of North Carolina · 1940
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