Baltimore & Ohio Southwestern Railway Co. v. Shirk
Indiana Court of Appeals
From Lawrence Circuit Court; J ames B. Wilson, Judge. Action by Elbert Walker Shirk against the Baltimore and Ohio Southwestern Railway Company. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtFelt, J.
Appellee as the receiver of the United States Cement Company, brought this action against appellant and the Southern Indiana Railway Company to recover excess freight charges paid to them as common carriers on certain shipments of coal made to said cement company. After the motion for a new trial had been overruled, it was shown that the appellee had personally succeeded to all the rights of the company held by him as receiver, and by agreement of the parties, he personally was substituted as plaintiff and judgment was rendered in his favor, and against appellant only, for $1,666.61. The…
2Cases cited12 opinions
- Cullen v. Seaboard Air Line RailroadSupreme Court of Florida · 1912
- Southern Indiana Railway Co. v. Railroad CommissionIndiana Supreme Court · 1909
- Chicago, St. Louis & Pittsburg Railroad v. WolcottIndiana Supreme Court · 1895
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Heiserman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884
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3Cited by1 opinion
- Moody v. StemSupreme Court of South Carolina · 1948