Shenango Limestone Co. v. Buffalo, Rochester & Pittsburgh Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 101, Oct. T., 1918, by defendant, from judgment of C. P. Lawrence Co., June T., 1907, No. 82, on verdict for plaintiff in case of Shenango Limestone Company v. Buffalo, Rochester & Pittsburgh Railway Company. Assumpsit to recover alleged excess freight rates paid under protest. Before Emery, P. J. The facts appear in the opinion of the Supreme Court. Verdict for plaintiff for $10,594.07, and judgment thereon. Defendant appealed.
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Appeal, No. 101, Oct. T., 1918, by defendant, from judgment of C. P. Lawrence Co., June T., 1907, No. 82, on verdict for plaintiff in case of Shenango Limestone Company v. Buffalo, Rochester & Pittsburgh Railway Company. Assumpsit to recover alleged excess freight rates paid under protest. Before Emery, P. J. The facts appear in the opinion of the Supreme Court. Verdict for plaintiff for $10,594.07, and judgment thereon. Defendant appealed. Errors assigned, among others, were answers to points.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff claimed to recover upon an oral contract between it and defendant, made on or about November 23, 1900, by which it is alleged defendant agreed, inter alia, to haul cars loaded by plaintiff at its plánt in Shenango Township, and deliver them to other railroad companies, and to consignees in the New Castle District, at the rate of $2 per car. It claimed that, beginning April 11,1906, and ending August 21,1907, defendant charged plaintiff in excess of the agreed price; that plaintiff paid the same under protest, because only thus could it get its goods…
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