Legal Opinion

E. D. Clough & Co. v. Boston & Maine Railroad

Supreme Court of New Hampshire

Decided April 13, 1914Published

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

"The proprietors of every railroad shall furnish to all persons reasonable and equal terms, facilities, and accommodations for the transportation of persons and property over their railroad. . . .
"If the proprietors of any railroad shall not comply with the provisions of the preceding section, they . . . . shall be liable to the party injured for his damages in an action on the case.
"The proprietors of every railroad shall cause to be posted in their depots a table of prices for the conveyance of persons and property. . . . The rates shall be the same for all persons and for like descriptions…

2Cases cited8 opinions

  1. Opinion of the JusticesSupreme Court of New Hampshire · 1891
  2. Glover v. BakerSupreme Court of New Hampshire · 1912
  3. Opinion of the JusticesSupreme Court of New Hampshire · 1906
  4. State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1909
  5. State v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1900

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