1 Ga. App. 20 | Ga. Ct. App. | 1907
Schlittler brought suit against the railway company for the recovery of an overcharge of freight which he had paid to it, under protest, upon the shipment of a car-load of horses from Louisville, Kentucky, to Baxley, Georgia, the shipment not being made by Schlittler personalty, but by one Baxley, who, it was alleged and proved, was the agent of Schlittler. He also alleged the demand required by the Civil Code, §2316; and prayed judgment for the penalty provided by that statute for the failure of the carrier to repay the overcharge. By both plea and demurrer the defendant set up that the section of the code referred to, as applied to this interstate shipment, is violative of the commerce claiise of the constitution of the United States. The demurrer, which was oral and general, and which went to the whole petition, was overruled by the court; but upon- the conclusion of the testimony the judge, who heard the case without the intervention of