Parmelee v. Savannah, Florida & Western Railway

Blandford, Justice.

This was an action by the plaintiff against the defendant to recover the excess of money paid for freight, over and above the sum allowed by the railroad commission of this State, under section 719(j) of the code. The plaintiff proposed to amend the declaration by adding thereto a count under the common law. This was objected to. The court sustained the objection and disallowed the amendment, and this is the first error assigned. Thereupon the defendant demurred to the plaintiff’s declaration, upon the *240ground that as it appeared the same was not brought within twelve months…