Lumber Co. v. Railroad
Supreme Court of North Carolina
ActioN by tbe Hilton Lumber Company against the Atlantic Coast Line Kailroad Company, heard by Judge George H. Brown and a jury, at Spring Term, 1904, of the Superior Court of New Hanover County. From a judgment for the defendant the plaintiff appealed.
1Opinion of the CourtClare, C. J.
The gist of this action is for discrimination by the defendant in charging the plaintiff a higher rate on logs to the plaintiff’s mill in Wilmington than was charged others for like service, and to recover the overcharges which had been paid under protest. The point presented is not that the rate, $2.50 per thousand feet in car-load lots charged the plaintiff, is per se unreasonable, but that the rate charged others for the same service for the same distance was $2.10, and that this is a serious discrimination which if continued will result in the crippling or destruction of the plaintiff’s…
2Cases cited11 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Union Pacific Railway Co. v. GoodridgeSupreme Court of the United States · 1893
- Louisville, Evansville & St. Louis Consolidated Railroad v. WilsonIndiana Supreme Court · 1892
- Hays v. Pennsylvania Co.United States Circuit Court · 1882
- Menacho v. WardU.S. Circuit Court for the District of Southern New York · 1886
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3Cited by5 opinions
- State Ex Rel. Utilities Commission v. Bird Oil Co.Supreme Court of North Carolina · 1981
- State Ex Rel. Utilities Commission v. Mead Corp.Supreme Court of North Carolina · 1953
- Lumber Co. v. RailroadSupreme Court of North Carolina · 1906
- Fletcher Paper Co. v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1917
- State Ex Rel. Utilities Commission v. Mead Corp.Supreme Court of North Carolina · 1953