La Floridienne, J. Buttgenbach & Co., Societe Anonyme v. Atlantic Coast Line Railway Co.

— An action authorized by Section 1911 of the General Statutes of 1906, was begun in August, 1907, to recover freight charges collected by the defendant railroad company during the years 1904, 1905 and 1906 in excess of the rates fixed by the Railroad Commissioners together with expenses and attorney’s fees as allowed by the statute. The declaration was amended restating the statutory cause of action and among the pleas to the declaration as amended was the follow-' ing:

“2. And for a second and further plea this defendant *215says that the alleged cause and causes of action set forth in said…