Southern Railway Co. v. Schlittler

Schlittler brought suit against the railway company for the recovery of an overcharge of freight which he had paid to it, under protest, upon the shipment of a car-load of horses from Louisville, Kentucky, to Baxley, Georgia, the shipment not being made by Schlittler personalty, but by one Baxley, who, it was alleged and proved, was the agent of Schlittler. He also alleged the demand required by the Civil Code, §2316; and prayed judgment for the penalty provided by that statute for the failure of the carrier to repay the overcharge. By both plea and demurrer the defendant set up that the…