Freight Discrimination Cases

(State v. Midgett, 85 N.C. 539; Coble v. Shoffner, 75 N.C. 43; State v.Matthews, 48 N.C. 452; cited and approved). The facts are substantially the same as in the preceding cases ofMcGwigan v. The Railroad, except that in these cases, the freight was shipped from a point within the State to a point within the State, and so the question of inter-state commerce did not arise.

There was a judgment for the plaintiff and the defendant appealed. This action is brought to recover a penalty which, it is alleged, the defendant has incurred by a violation of the statute, (The Code, § 1966), which…