The news and herald. (Winnsboro, S.C.) 1877-1900, 1879-07-17
TIE RLiITROID CLJSE.

The Hearing Before Trial Justice Neil--Thc
Position Taken by the Defcndants--A
Verdict for tho Plnintiffs.
Quite a number Of persons assembled
in the Court House OH Tuesday, to
hear the case Of e. Elder e. Co. VS.. The
Charlotto, Columbia and Augusta
Railroad Company. The plaintiffs hay
ing insisted upon a jury, the jurors had
previously been drawn, and they wcrc
promptly in attendance, rs followers:
X. a. Heron Qorcman) ,R. e. ELI
son, Jr., G.. G. Bacot, II. ID. Owings,
John Wiley and II. l.. johnson.
The plaintiffs counsel then proceed
cd to read the complaint, which alleg-
ed, i'll substance, the following facts:
that ten bales Of cotton, weighing in
the aggregate 4G07 pounds, had been
shipped by plaintiffs from Whnsboro
to Charlotte; that, ut the rate Of 10
cents per hundred pounds per hundred
miles, the defendants were only ell
titled to charge and receive, for tho
transportation Of such cotton, the sum
Of $lG.5s, whereas they demanded
the sum of S37.81, tho difference,
$21.22, being paid Under protest.
The answer Of the defendants was
as follows:
That they admit tho truth of the
statements contained in the first para
graph Of the said complaint.
That they admit the truth of the
statements contained in the second
paragraph Of the said complaint; but
allegc, that besides tho powers and
rights set forth in said paragraph, the
defendants have other rights and
greater powers as hereinafter specified.
That they admit that Oh the goth
day Of June, 1879, the plaintiffs deliv-
cred to tho defendants at thcir depot
in the town of Winnsboro, in the
County and State aforesaid, ten bales
OF cotton, weighing III the aggregate
four thousand, six hundred and seven
pounds, for transportation from said
depot to Charlotte, distance Of sevcn-
ty-two miles, and rendered to the
defendants in payment for such trans
portation, the sum. of sixteen and
1ifty-cight -hundrcdths dollars,
which the defendants then aud there
refused to accept, aud demanded OF
the plaintiffs tho sum Of thirty-seven
and eighty onc-hundredths dollars in
payment for such transportation
which the plaintiffs paid under pro
test. -,
And for q defence to the pretended
cause Of action, these defendants al
lege:
THAT these defendants have not
only the power of chal ling for trans
portation of goods, produce and mer.
chandise, and other articles as sci
forth in paragraph II. Of the com.
plant, but have also the power by
their charter to Charge for such trans.
portation any sum not exceeding fifty
cents per hundred pounds for each
hundred miles onf hoaB articles and
fifteen cents per cubic foot on articles
Of measurement for every hundred
miles. I s,5at
That the defendants E&te the legal
right under their chartcfEto classify
goods, produce, merchandise and 9th
or articles offered them fafMansporta.
tion as 'fheavy articles" oMas 'articles
of measurement" acpoSding as said
goods, produce, >melshandise or other
articles by their weight or bulk, frs
exhaust the CARRYING capacity Of the
freight cars used for the transportation
Of thcsaid goods q produce, merchan
disc or otller articles. ,.
That Of uncSmpressed bales Of cot
ton, ouch as were offered by the
plaintiffs for transportation, twenty
six COY will fill tlaaSpace. capacity o.
4 q box car, such al Pendants use fol
the transportation such cotton; ant
while that nimDss IL bales would only
weigh eleven thousand niue hundred
and eighty-six (11 ,986) pdt2ds, th'
weight capacity Of said box cars i
twenty thousand GO, ,00o) pounds each
Thaton and before tho said 20th ida,
ofJune, 1879, the defendaiiis scffasssRSs4(
uncomprcssed bales of cotton, as f'arti