New York, Texas & Mexican Railway Co. v. Gallaher
Texas Supreme Court
Appeal from Wharton. Tried below before Hon. Wm. H. Burkhart. This suit was instituted by James Gallaher, plaintiff, against the Hew York, Texas & Mexican Railway Company and the Southern Pacific Company, defendants, on the 24th day of March, 1888, charging defendants with having unlawfully discriminated against said Gallaher in charging and collecting from him the sum of 12-¡- cents per 100 pounds on a car load of lumber shipped by plaintiff over their roads on the 12th day…
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Appeal from Wharton. Tried below before Hon. Wm. H. Burkhart. This suit was instituted by James Gallaher, plaintiff, against the Hew York, Texas & Mexican Railway Company and the Southern Pacific Company, defendants, on the 24th day of March, 1888, charging defendants with having unlawfully discriminated against said Gallaher in charging and collecting from him the sum of 12-¡- cents per 100 pounds on a car load of lumber shipped by plaintiff over their roads on the 12th day of December, 1887, from Houston, in Harris County, Texas, to Wharton, in Wharton County, Texas, whereas they charged…
1Opinion of the Court
GAINES, Associate Justice.
This was an action brought by appellee to recover of appellants a penalty of $500 for an unlawful discrimination in charging and collecting from appellee a greater sum for transporting a car load of lumber from Houston to Wharton than was charged another shipper for carrying a like quantity of lumber from and to the same points respectively.
It is first complained that the court erred in refusing to sustain a special exception to the following allegation in plaintiff’s petition: “That defendants, being railroad corporations, were at the date hereinafter set *688out and…
2Cited by17 opinions
- Hoodless v. JerniganSupreme Court of Florida · 1903
- Missouri, Kansas & Texas Railway v. LightfootCourt of Appeals of Texas · 1907
- Panhandle & S. F. Ry. Co. v. CowanCourt of Appeals of Texas · 1922
- Pecos & N. T. Ry. Co. v. BishopCourt of Appeals of Texas · 1913
- Chicago, Rock Island & Texas Railway Co. v. PorterfieldTexas Supreme Court · 1899
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