Langdon v. New York, Lake Erie & Western Railroad
New York Supreme Court
Action by Andrew Langdon and others against the Yew York, Lake Erie & Western Railroad Company to recover damages for excessive freight charges. Defendant demurred on the ground that the court had no jurisdiction, and that the complaint did not state a cause of action.
1Opinion of the CourtIngraham, J.
I think that this complaint must be held to ask for the recovery of the amount required to be paid by the statute of Pennsylvania therein set forth. The only act of the defendant alleged as the foundation of the plaintiff’s right to recover is that defendant allowed to the Delaware & Hudson Canal Company and to the Hillside Coal & Iron Company certain concessions and drawbacks upon the public rates and charges fixed by the defendant for the transportation of anthracite coal over its lines, and failed and refused, and still fails and refuses, to allow the same concessions and drawbacks, or any…
2Cases cited7 opinions
- Garrison v. . HoweNew York Court of Appeals · 1858
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Western Transportation & Coal Co. of Michigan v. KilderhouseNew York Court of Appeals · 1882
- Rector Church Wardens of Trinity Church v. VanderbiltNew York Court of Appeals · 1885
- Merchants' Bank of New Haven v. BlissThe Superior Court of New York City · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wilson v. Union Tool Co.District Court, S.D. California · 1921