Lumber Co. v. Railroad
Supreme Court of North Carolina
ActioN by The Hilton Lumber Oo. against Atlantic Coast Line Railroad Oo., beard by Judge W. B. Gouncill and a jury, at the. December Term, 1905, of the Superior Oourt of New Han OVER.
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ActioN by The Hilton Lumber Oo. against Atlantic Coast Line Railroad Oo., beard by Judge W. B. Gouncill and a jury, at the. December Term, 1905, of the Superior Oourt of New Han OVER. Plaintiff sued for the recovery of $3,865.26, alleged to have been unlawfully demanded and paid defendant company on account of discriminating overcharges for shipments of logs over defendant’s road from the 15th day of November, 1898, to the 30th day of April, 1901. Plaintiff alleged that between said dates the defendant company, a common carrier, unlawfully charged and demanded of plaintiff an unreasonable and…
1Opinion of the Court
Connor, J.,
after stating tbe facts: In tbe complaint some reference is made to an agreement entered into by tbe Wilmington & Weldon Railroad Co., to whose rights and contracts tbe defendant succeeded, and tbe predecessor of plaintiff in regard to hauling logs. Tbe cause was beard and determined, as appears -from tbe record, upon tbe sole question whether, during tbe periods named in tbe complaint, defendant company demanded and received payment from plaintiff a rate of freight in excess of that charged other persons or corporations for tbe same service under substantially similar conditions.…
2Cases cited5 opinions
- Interstate Commerce Commission v. Alabama Midland Railway Co.Supreme Court of the United States · 1897
- Parsons v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1897
- Mobile & Montgomery Railway Co. v. Steiner, McGehee &. Co.Supreme Court of Alabama · 1878
- Farmer v. . WillardSupreme Court of North Carolina · 1876
- Lumber Co. v. RailroadSupreme Court of North Carolina · 1904
3Cited by18 opinions
- North Carolina Public Service Co. v. Southern Power Co.Supreme Court of North Carolina · 1919
- Sullivan v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1913
- State Ex Rel. North Carolina Utilities Commission v. Municipal CorporationsSupreme Court of North Carolina · 1955
- Garrison v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Chatham v. Mecklenburg Realty Co.Supreme Court of North Carolina · 1917
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