Jeremy Fuel & Grain Co. v. Denver & R. G. R.

In. March, 1919, plaintiff, on its own behalf, and as as-signee of 14 other coal shippers, brought suit to recover excessive freight collected by defendant on coal shipped from different railroad stations in Carbon county, Utah, to Salt Lake City, Utah, by plaintiff and its assignors. The jury returned a verdict in favor of plaintiff in the sum of $58,962.80, including interest. Defendant appeals.

Appellant assigns many errors. The most important relate to the pleadings.

The complaint in substance charges that, between November 20, 1914, and March 7, 1917, the defendant collected freight on…