Legal Opinion

Wilder v. St. Johnsbury & Lake Champlain Railroad

Supreme Court of Vermont

Decided July 1, 1891PublishedCited by 3 opinions

Assumpsit for the recovery of certain illegal freight charges. Pleas, the general issue, statute of limitations, and settlement. Trial by court at the May term, 1890, Caledonia county, Tyler, J., presiding. Judgment for the plaintiff. The defendant excepts. ■ The plaintiff brought suit as the surviving partner of the firm of William Wilder & Son.

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Assumpsit for the recovery of certain illegal freight charges. Pleas, the general issue, statute of limitations, and settlement. Trial by court at the May term, 1890, Caledonia county, Tyler, J., presiding. Judgment for the plaintiff. The defendant excepts. ■ The plaintiff brought suit as the surviving partner of the firm of William Wilder & Son. The illegal charges sued for covered the period from May 1, 1883, to May x, 1884. During this period the firm were engaged in the coal business at St. Johnsbury, Vt., and shipped large quantities of coal over the defendant’s railroad from Maquam to…

1Opinion of the Court

The opinion of the court was delivered by

MUNSON, J.

It is provided by No. 36, Acts of 1882, that every corporation operating a railroad shall give to all persons reasonable and equal terms, benefits, facilities and accommodations for the transportation of freight; and that a corporation violating the above provision shall be liable.to the aggrieved pai'ty, in any proper form of action, for all damages sustained by reason of such violation. The plaintiff brings this action of general assumpsit to recover freight charges paid the defendant for the transportation of coal, in excess of the rates…

2Cases cited3 opinions

  1. Bellows v. SowlesSupreme Court of Vermont · 1883
  2. Headley v. HackleyMichigan Supreme Court · 1883
  3. Wing v. PeckSupreme Court of Vermont · 1881

3Cited by3 opinions

  1. Connecticut River Lumber Co. v. BrownSupreme Court of Vermont · 1895
  2. E. Heller & Bros. v. R. W. Eldridge & Co.Supreme Court of Vermont · 1922
  3. Holden & Martin v. GilfeatherSupreme Court of Vermont · 1906

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