Woodrich v. Northern Pac. Ry. Co.

GARDNER, Circuit Judge.

Appellants, as plaintiffs below, brought this action at law' to recover damages for the assessment and collection by defendant, a common carrier, of alleged unreasonable, extortionate, aud discriminatory freight rates on various intrastate shipments of sand and gravel moving between certain points on defendant’s railway in North Dakota.

After the impaneling of a jury, and before the taking of any testimony, defendant moved for a dismissal of the action upon the grounds that the complaint fails to state a cause of action, in that it contains no- allegations that the rates…