Des Plaines Lumber & Coal Co. v. Chicago, Burlington & Quincy Railroad

Mr. Presiding Justice Holdom

delivered the opinion of the court.

This is an action brought by the plaintiff shipper against the defendant carrier to recover the sum of $104.97, with interest, being, as plaintiff claims, a freight charge on a shipment of lumber in excess of the lawful rate charged by the defendant carrier, and paid by the shipper who at the time of such payment did not know that the charge was excessive.

At the threshold of this review we are confronted with a jurisdictional question, which will, as it must, be decided in favor of the defendant carrier who raises the question. If…