Wilcox v. Durham & Charlotte Railroad
Supreme Court of North Carolina
Appeal by defendant from W. R. Allen, J., at Spring Term, 1910, of Mooee. Tbe facts are sufficiently stated in the opinion of tbe Court by Mr. Chief Justice Clark.
1Opinion of the CourtClark, C. J.
This case was before us, 152 N. C., 362, upon a demurrer. Tbe defendant contracted with tbe plaintiff that if be would build a tramroad from a certain point on its line to a point on Riehlands Creek it would pay the plaintiff % cent per 100 pounds on all lumber or timber delivered to the defendant by said tramroad.
It does not appear in the evidence whether the % cent per 100 pounds was to be added to the rate from the point where the railroad received the freight, so as to allow the tramroad compensation for hauling, or whether it was to be deducted from the regular rate charged to other…
2Cases cited1 opinion
- R. R. Discrimination CaseSupreme Court of North Carolina · 1904