73 Ala. 306 | Ala. | 1882
— In Mobile and Montgomery Railroad Co. v. Steiner & McGehee, construing the act of April 19th, 1873, we said: “ The rate on freight carried over the whole line of its road' which furnishes the basis for the additional fifty per cent, allowed by that act for the transportation of ‘local freight,’ is the rate charged on freight taken on at one terminus, and discharged at the other ; and not the rate for freight brought from, or carried to a point beyond the termini of the road.” 61 Ala. 559. "We are asked to review and reverse that ruling. Nothing has occurred to change our opinion then expressed, while the facts of this case tend to confirm the conclusions we then announced.
It is further contended for appellants that the charges made and collected by the railroad in this case were unreasonable, and therefore they ought to recover back the excess, as so much money had and received. And it is claimed that this question should have been submitted to the jury, for them to determine whether or not the charges were reasonable. •
The testimony bearing on this question is clear and without conflict. There was, in fact, no question of local freight in the
We find no error in the record, and the judgment of the circuit court must be affirmed.