E. D. Clough & Co. v. Boston & Maine Railroad
Supreme Court of New Hampshire
Assumrsit, to recover'back freight charges of $1,636 alleged to have been unlawfully collected from the plaintiffs by the defendants on certain shipments of lumber, to wit, the sum of $2 per car upon 818 carloads shipped between points on' the Concord & Montreal, Northern, Concord & Claremont, and Tilton & Belmont Railroads and other points situated on the defendants’ railway system.
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Assumrsit, to recover'back freight charges of $1,636 alleged to have been unlawfully collected from the plaintiffs by the defendants on certain shipments of lumber, to wit, the sum of $2 per car upon 818 carloads shipped between points on' the Concord & Montreal, Northern, Concord & Claremont, and Tilton & Belmont Railroads and other points situated on the defendants’ railway system. Transferred from the October term, 1912, of the superior court'by Chamberlin, J. The shipments were of four classes: (1) From a point in this state on one of said roads to another point in this state on the same…
1Opinion
1. The statutes of this state provide that on railroads leased or united by virtue thereof the rates for fares and freights shall not be increased. P. S., c. 156, s. 42; Laws 1889, c. 5, s. 17; Laws 1883, c. 100, s. 17. The first defence involves the meaning of this provision. It is claimed that the statute does not prohibit the increase of some rates, provided that in the readjustment other rates are reduced to such an extent that there is no increase in the aggregate. I dissent from the decision that this claim is sound.
The two later statutes on this subject (Laws 1889, c. 5, s. 17; P. S.,…
2Cases cited28 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Swift & Co. v. United StatesSupreme Court of the United States · 1884
- Semmes v. WorthingtonCourt of Appeals of Maryland · 1873
- Chicago & Alton Railroad v. Chicago, Vermilion & Wilmington Coal Co.Illinois Supreme Court · 1875
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