Gurney Heater Manufacturing Co. v. New York, New Haven & Hartford Railroad

This action of contract comes before us on appeal by the plaintiff from an order sustaining a demurrer of the defendant to the declaration. The plaintiff’s case is founded on the common law right of a shipper to recover moneys exacted from it by a common carrier of merchandise for rates in excess of a reasonable and just amount. There are in the declaration appropriate allegations of fact in adequate detail on these points covering the period between July 7,1922, and November 1,1926, and relating exclusively to shipments having their beginning and ending and entire course of transportation…