Legal Opinion

Osgood v. Concord Railroad

Supreme Court of New Hampshire

Decided December 5, 1884PublishedCited by 1 opinion

Debt, for a penalty alleged to have been incurred by the defendants June 20, 1881, under c. 55, Laws of 1879, by charging a greater sum for transporting a car-load of corn from Concord to Suncook than was charged for transporting the same ¿from Concord to Hooksett, a greater distance. Facts found by the court. June 20, 1881, the defendants owned and operated a railroad from Concord to Nashua, located on the west bank of Merrimack river, between Concord and Hooksett.

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Debt, for a penalty alleged to have been incurred by the defendants June 20, 1881, under c. 55, Laws of 1879, by charging a greater sum for transporting a car-load of corn from Concord to Suncook than was charged for transporting the same ¿from Concord to Hooksett, a greater distance. Facts found by the court. June 20, 1881, the defendants owned and operated a railroad from Concord to Nashua, located on the west bank of Merrimack river, between Concord and Hooksett. They also operated a railroad on the east side of the river between Concord and Hook-sett, having a station at Suncook for the…

1Opinion of the CourtCarpenter, J.

The statute provides that “ no railroad owned or operated in this state shall charge a higher tariff on like classes of freight by the car-load when delivered at any station on its lino than is charged,to deliver the same at any station on the road where the transportation is for a greater distance,” or, more briefly expressed, no railroad shall charge more for transporting freight by the car-load any distance than it charges for transporting the same a greater distance, and imposes a fine for violating its provisions, to be recovered in an action of debt. Laws of 1879, <?. 55. This,…

2Cases cited1 opinion

  1. Commonwealth v. Worcester & Nashua RailroadMassachusetts Supreme Judicial Court · 1878

3Cited by1 opinion

  1. State Ex Rel. Wood v. HadleySupreme Court of New Hampshire · 1887

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