The Barre daily times. (Barre, Vt.) 1897-1959, 1912-05-10
RAILROAD IS SUED
FOR HALF A MILLION
H. P. Hood & Sons, Milk Contractors,
Claim Damages From D. & H. Rail
road for Alleged Discrimina-
tion in Rates.

Boston, May l0-Two suits, each for
S250O00 damages, were filed in the supe-
rlor court yesterday by II. L. Hood &
Sons, milk contractors, against the Della
ware & Hudson Railroad company,
claiming discrimination in rates for the
Transportation of milk and breach Of
contract between the companies fixing
the prices of such transportation.
The plaintiffs trusteed the Boston &
Maine railroad, New York, New Haven
& Hartford railroad, Boston & Albany
railroad. Garfield & Proctor Coal COM
peny, Metropolitan Coal company and
New York Central & Hudson River Rail
road company. Whipple, Sears & Ogden
are counsel for the plaintiffs.
In one action the plaintiffs claim that
the defendant railroad has been guilty
of breaches of duty that it owed to them
since 1905; has exacted from plaintiffs
rates for services furnished which were
excessive and unreasonable, and has dis
eliminated against them in many ways,
namely, in failing to furnish proper and
reasonable service for their milk and
cream, failing to maintain proper sched-
ules, regularity of running trains, facil
tiles and convenience of every sort.
The Hood company had a route to col
leet milk and cream from Eagle Bridge,
N. Y, through Salem, n Y, thence to
Rupert, Poultney and Castleton, all in
Vermont.
The other suit is based on an alleged
breach of an agreement entered into be-
tween the plaintiffs and defendapt in
1904 In that year plaintiffs claim the
defendant invited them to engage in
purchasing and collecting milk on its
line between Poultney and Eagle Bridge
and to develop milk traffic there
Accordingly the agreement was made
and by its terms the defendant, accord
ing to the allegations in the declara-
tlon, was to give the plaintiffs perma-
nent rate of $4,000 year per car be-
tween Eagle Bridge and West Pawlett,
y. H, distance of 33 miles, or a sim
liar rate for any distance less than 80
miles between those points, and a rate
of $4,000 per car per year for any dis
tance beyond West Pawlett to Eagle
Bridge not exceeding 45 miles between
terminals; also for 800 per car per mile
per year to be paid for any distance in
excess of As miles; carload not to ex-
ceed 250 cans of 40 quarts each the
loaded cars to be delivered at Eagle
Bridge, where the milk was to be for
warded over the B. & NJ. railroad to
Boston.
Relying upon the contract, the plain
tfs say they invested large sums III
building facilities for the milk delivered
to them, expending at Eagle Bridge alone
$1,000.
The defendant in May, 1906 according
TO plaintiffs allegations, repudated and
refused further to carry out the contract
and required plaintiffs to pay for milk
carried by it very much larger rate,
namely 81 300 per car per year, between
Poultney and the stations south and
Eagle Bridge, and substituted much
inferior and inadequate service; failed
10 run its trains on anywhere near sched-
Ilc time and failed also to give plaintiffs
that reasonable and proper service which
the terms of the contract and the duty
OF the defendant as common carrier
required.
Subsequently the defendant required
plaintiffs to pay Is cents per can, which
exceeds by many thousands of dollars
the prior excessive rate of 81 800, the
plaintiffs allege.
In addition the plaintiffs allege they
have been subjected to constant annoy
anee. Inconvenience and lack of proper
facilities, delay in operation of trains,
and schedules which are not adapted to
the business or to make proper eonnee-
tions with the B. & Nj. trains for Boston.