State Line & Sullivan R. R. v. Lehigh Valley R. R.

Opinion by

Mr. Justice Schaffer,

In this suit, tried before the learned president judge of the court below without a jury, plaintiff seeks to re*230cover the sum of $137,056.22, with interest, representing an allowance of five cents per ton on coal shipped over its railroad, which it alleges to be rental due to it, by defendant, on a demise of the railroad to the latter. The answer of defendant is, that the sums of money claimed are rebates, and not rent, and hence they cannot be recovered. This view was adopted by the trial judge and approved by the court in banc; plaintiff, complaining of this…