Legal Opinion

McGwigan v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided October 15, 1886PublishedCited by 8 opinions

These were civil actions, tried before Ch'aves, Judge, on a •case agreed, at Spring Term, 1885, of Halifax Superior Court.

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These were civil actions, tried before Ch'aves, Judge, on a •case agreed, at Spring Term, 1885, of Halifax Superior Court. The facts are as follows: 1. That from May, 1884, and ever since then, the plaintiff has been a merchant in the town of Enfield, Halifax county, State of North Carolina. 2. That, during the whole of said time, the defendant was, and still is, a corporation duly chartered and created under the laws of North Carolina, under the corporate name of the Wilmington & Weldon Railroad Company, and as such corporation, long before and ever since May, 1884, has been doing business…

1Opinion of the CourtSmith, C. J.

The statute with the violation of which the defendant is charged in the present action, instituted for the recovery of the penalty imposed, is in these words: “ It shall be unlawful for any railroad corporation, operating in this State, to charge for the transportation of any freight of any description over itsjroad, a greater amount as toll or compensation, than shall at the same time be charged by it for the transportation of an equal quantity of the same class of freight, transported in the same direction over any portion of the same railroad of equal distance, and any railroad company…

2Cases cited3 opinions

  1. Hall v. DeCuirSupreme Court of the United States · 1878
  2. Commissioners of Granville County v. BallardSupreme Court of North Carolina · 1873
  3. Henry King Ex'r v. W. & W. R. R. Co.Supreme Court of North Carolina · 1872

3Cited by8 opinions

  1. State v. . CaseySupreme Court of North Carolina · 1931
  2. Ex Parte HunnicuttCourt of Criminal Appeals of Oklahoma · 1912
  3. State v. CaseySupreme Court of North Carolina · 1931
  4. Bagg v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1891
  5. Hickory Marble & Granite Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908

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