Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1885-05-07
Some Interesting Railroad Cases.

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MORRIS VS.. ST. L., l. M. & 3. KY. co.
| This was suit to recover back large
amount Of freight which, plaintiff alleged,
the railroad company had overcharged and
collected from him on the shipment of PIP
carloads Of lumber, shipped by him from
Vulcan Switch to st. Louis, during the three
years before bringing the suit, and to recov-
er the penalty of treble damages prescribed
by the statute of the State.
There were several points involved in the
controversy not hitherto adjudicated in this
state.
For instance, the railroad company claim
ed the right to charge for taking the cars
from the next station farther away from ST.
Louis than the switch or side-track, when
there was no regular station at such switch
or point Of shipment. In this case the cars
were shipped from Vulcan, 3 miles nearer
st. Louis than Des Arc, and the company
claimed the right to charge rates from Des
Arc.
Then the law prescribed $3.50 as a legal
charge for scar load" of lumber to st.
Louis, and was and still is entirely silent AZ
to the weight of "car load" and the rail-
road co mpany claimed that 10000 lbs. was
'car.load," and that if any more than 10000
weight was put on car by the shipper, then
the railroad company had q right to charge
for all above that weight, at the same rate
that was charged for the 10000 lbs. scar
load"-in other words that $3.50, only paid
for a. "car-load" of 10000 lbs.-and that as
the shipper paid at the rate of 90 cents for
each 100 lbs. (belng $3.50 for 20,OO0), the
the company had legal right to charge go
cents per 1OO4or all weight over and above
the first 10000 lbs. The plaintiff claimed that
u ''car-l load" meant all that was loaded ON a
car, without any regard to the weight,
whether $4,000, $4,000, 10000, or any other
weight.
The evidence showed that for many years
1t had been rule and custom on the road,
and that all shippers of lumber, as we'll as
plaintiff, knew that 10000 lbs. was the recog-
nized CARLOAD" for the purposes of the
railroad company, charging freight, and that
the weight above that had always been charg
ed for by the 100 lbs. 1t was also shown that
the railroad company had freight cars capa-
BILE Of carrying 10000, $4,000, and various
capacities, up to 10000 lbs.-a full load.
to load car up to the full capacity of the car
to carry-that is, if car was marked as
capable of carrying 10000 or 10000 lbs, that
much should be loaded upon it, and that
only constituted ''car-load," and must be
carried for the $3.50 prescribed by law for
a 'car-load," just the same as for another
car only capable of carrying and only loaded
to 10000 lbs.
1t was also claimed and admitted that the
company had charged too high rate on
many Of the carloads.
The case was holly and ably contested by
Capt. Zwart and Dining and Byrns for
plaintiff, and by Judge Carter and Mr.. Ben
ton for the railroad company. The verdict
of the jury was for plaintiff for about $500,
we believe. A motion for a new trial was
filed on behalf of the railroad company,
which, after argument, Judge Thomas in
timaled would be sustained unless plaintiff
would enter remittur as to all that part OF
the verdict was based upon charges over
and above &c, 900 lbs for "car-load," hold |
ing that the evidence had established the
fact that 10000 was "car-load" in contem-
plation of both the railroad company and the |
shipper.
Thereupon plaintiffs counsel RENTED the |
excess, and took judgment for something
over 5000, and had that trebled under the
statute, from which defendant took an APP
peal to the Supreme Court.
SCOvILLE EFT AL, vs.. ST. L., 1. NJ. & S. RY.
This case was brought by Emerson & Ed |
gar for plaintiffs, and involved the same gen.
eral facts and points of law, but it was contin-
ued, and will probably be amicaby settled.
HOLLOMAN VS.. ST. l., 1. NJ. & 5. RY.
This was very interesting case, being a
suit at law for damages, and = suit in Equity
to enjoin and restrain the company from
draining off too much water fro n his spring.
The suit was brought by Emerson Edgar
for plaintiffs, and has been pending some
time.
We have been unable to get full report
of the case for this issue, but will try to do
so for our next.
Plaintiffs recovered 1920 damages, and the
railroad company was enjoined from con-
tinuing the wrong.
The "constantlg tired out" feeling so often
experienced is the result Of impoverished
blood, and consequent enfeebled vitality.
Ayers Sarsaparilla feeds and enriches the
blood, increases the appetite, and promotes
digestion of the food, and the assimilation of
its strengthening qualities. The system be-
ing thus invigorated, the feeling rapidly
changes to a grateful sense Of strength and
energy