DocketNumber: No. 6464
Citation Numbers: 4 Willson 123
Judges: Hurt
Filed Date: 4/20/1890
Status: Precedential
Modified Date: 9/2/2021
Opinion
§ 83. Common carriers; overcharges by; penalty; mistake to be available as a defense must be pleaded. Lillard, doing business under the firm name of Lillard & Co., sued the company in the county court to recover the sum of $-, as penalty for withholding freight, and $14.98, overcharged by defendant on freight, and ninety cents as storage. The petition alleges that on September 29, 1S88, the Bridge & Beach Manufacturing Company delivered to the St. Louis & Iron Mountain Railroad Company, at St. Louis, one thousand nine hundred and thirty pounds of iron, consigned to the plaintiff at Decatur, Texas; that said railway company on that day delivered to plaintiff a through bill of lading from St. Louis to Decatur for said iron, and specified therein the rate for same at seventy-seven cents per hundred pounds, the bill of lading being attached to and made part of the petition; that the iron came in course of transportation to Decatur, and was in the possession of defendant at Decatur on the 16th day of October, 1888; that the St. Louis & Iron Mountain is one of the connecting lines of the defendant company between the city of St. Louis and Decatur; that on the 16th day of October, 1888, plaintiff demanded of defendant said freight, and tendered the defendant the freight charges, as shown by the bill of lading, to wit, the sum of $14.86, but the said defendant refused to deliver the plaintiff the said freight until the 2d day of November, 1888, when plaintiff paid defendant the sum of $19.74, the amount of charges demanded, which was paid by plaintiff under protest.
Affirmed.