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Pennsylvania State Reports (Volume 228)

Pennsylvania State Reports (Volume 228)


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About the Book

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1911. Not illustrated. Excerpt: ... 1910.- Opinion of the Court. evidence, at least, that he got more than his pro rata share would entitle him to. We leave that whole question to the jury, as to whether or not, if orders were given for cars during the entire period, and he would therefore be entitled, say to 760 cars, according to my calculations, and did not get that many, you should find that he was discriminated against." In their second assignment, counsel for appellant allege error in the affirmance of plaintiff's sixth point for charge by which the jury were instructed that if they found there was undue or unreasonable discrimination, they might treble the damages under the second section of the act of June 4, 1883. Counsel for appellant contend that this provision of the act of 1883 has been repealed, not directly, but impliedly, by the two Acts of assembly passed on May 31, 1907, P. L. 352, and P. L. 354. The Act of June 4, 1883, P. L. 72, is entitled, "An Act to enforce the provisions of the seventeenth article of the Constitution relative to railroads and canals." The sections intended to be enforced are the third and the seventh, forbidding discrimination by railroads between shippers, in rates charged and facilities for transportation afforded, including the furnishing of cars. The first section of the act repeats the prohibition against discrimination which is forbidden in the constitution. The second section gives to any person, company or corporation discriminated against, a right of action to recover treble the amount of the injury suffered. The Act of May 31, 1907, P. L. 352, is entitled, "An Act to carry into effect the provisions of section seven, article seventeen, of the Constitution of Pennsylvania, relating to discriminations and preferences in charges and facilities; and m...


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Product Details
  • ISBN-13: 9781154429282
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 250
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1154429288
  • Publisher Date: 12 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 454 gr


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