67 Iowa 712 | Iowa | 1885
I. The petition is in five counts. The first alleges the corporate capacity of the defendant, and the route and extent of its railroad. The second alleges that defendant refused to furnish cars for transportation of' corn from Mineóla, a station on defendant’s railroad, to St. Louis, which plaintiff had contracted to deliver upon the cars at Mineóla. The third count alleges that defendant refused to furnish plaintiff cars to transport corn from Mineóla to Toledo, Ohio, and St. Louis ,-s,nd ¿ansas City, Missouri, although defendant was tTaejí furnishing cars to other persons for transportation of property to the cities just mentioned. The fourth alleges
“ Sec. 10. It shall be the duty of any railroad corporation, when within their power to do so, and uponreasonaMe.notice, to furnish suitable cars to any and all persons whoN^iay apply therefor, for the transportation of any and all kinds*715 freight, and to receive and transport such freight with all reasonable dispatch, and to provide and keep suitable facilities for receiving and hauling the same at any depot on the line of its road; and also to receive and transport in like manner the empty or loaded cars furnished by any connecting road, to be delivered at any station or stations on the line of its road, to be loaded or discharged or reloaded and returned to the road so connecting, and for compensation it shall not demand or receive any greater sum than is accepted by it from any other connecting railroad for a similar service.
“ Sec. 11. No railroad corporation shall charge, demand or receive from any person, company or corporation, for the transportation of persons or property, or for any other service, a greater sum than it shall at the same time charge, demand or receive from any other person, company or corporation for a like service from the same place, or upon like conditions, or under similar circumstances, and all concession ■of rates, drawbacks and contracts for special rates shall be open to and allowed all persons, companies and corporations alike, at the same rate per ton per mile by car-load, upon like condition and under similar circumstances, unless, by reason of the extra cost of transportation per car-load from different points, the same would be unreasonable and inequitable; and shall charge no more for transporting freight from any point on its line than a fair and just proportion of the price it charges for the same kind of freight transported from any other point.
“ Sec. 12. No railroad company shall charge, demand or receive from any person, company or corporation an unreasonable price for the transportation of persons or property, or for the handling or sorting of freight, or for the use of its cars, or for any privilege or service afforded by it in the transaction of its business as a railroad corporation.”
III. The “extortion or unjust discrimination” contemplated in section 13 arises by extortionate or discriminating charges, not from failure or refusal to furnish transportation,
YII. Other questions argued by counsel we shall not consider, for two reasons: (1) It is certain that some of them will not arise upon another trial in tbe court below. Indeed, if the pleadings be amended, as they certainly ought to be, many of these questions will not probably again arise. (2) Some of the questions are not presented in a sufficiently clear manner to enable us to determine them to our satisfaction. Doubtless, if the case should come here again, counsel, in the exercise of greater care, would correct this fault. It may be further said that counsel for plaintiff do not notice many questions presented by defendant.
The judgment of the circuit court is
Reversed.