Railway Co. v. Furnace Co.
Ohio Supreme Court
The action below, was brought by the Furnace Company against the Railroad Company, to recover a penalty for an overcharge made by the defendant, for the transportation over its road of certain freight shipped by the plaintiff. It was originally commenced before a justice of the peace of Lawrence county, and taken thence, on appeal, to the court of common pleas, where the parties filed the following pleadings: “RFTITION.
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The action below, was brought by the Furnace Company against the Railroad Company, to recover a penalty for an overcharge made by the defendant, for the transportation over its road of certain freight shipped by the plaintiff. It was originally commenced before a justice of the peace of Lawrence county, and taken thence, on appeal, to the court of common pleas, where the parties filed the following pleadings: “RFTITION. “The said plaintiff, Lawrence Furnace Company, says it is an incorporated company, duly organized under the laws of said state of Ohio, and that said Iron Railroad Company,…
1Opinion of the CourtWiuwAMS, C. J.
The plaintiff’s claim to the penalty, for the recovery of which the original action was brought, is based upon the act of March 30, 1875, (72 Ohio L. 143), which, among other things, provides, that “any corporation operating a railroad, in whole or in part, in this state,” which “shall demand or receive,” more than five cents per ton per mile for the transportation of pig iron, iron ore, etc., for any distance of five miles or more, “shall pay to the part3'' aggrieved for every such overcharge a sum equal to double .the amount of the overcharge, but in no case less than one hundred and fifty…
2Cases cited1 opinion
- Iron Railroad v. Lawrence Furnace Co.Ohio Supreme Court · 1876