Baltimore & Ohio Chicago Terminal Railroad v. Illinois Brick Co.

Appellate Court of Illinois

Baltimore & Ohio Chicago Terminal Railroad v. Illinois Brick Co.

198 Ill. App. 327, 1916 Ill. App. LEXIS 419

Appellate Court of Illinois·Decided March 15, 1916·No. Gen. No. 21,282·Published

Opinion

Mr. Justice O’Connor

delivered the opinion of the court.

Abstract of the Decision. 1. Carriers, § 218*—when evidence insufficient to establish unjust discrimination in freight rates. In an action by one carrier against another to recover unpaid freight charges for hauling cars on plaintiff’s railroad, defense of unjust discrimination in freight rates charged defendant held not to be established by the evidence. 2. Interest, § 82*—when objection to allowance of interest may not be raised on appeal. Objection to the allowance of interest on plaintiff’s claim not having been presented to the trial court, the question cannot be raised in a court of review.

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Mr. Justice O’Connor

delivered the opinion of the court.

Abstract of the Decision. 1. Carriers, § 218*—when evidence insufficient to establish unjust discrimination in freight rates. In an action by one carrier against another to recover unpaid freight charges for hauling cars on plaintiff’s railroad, defense of unjust discrimination in freight rates charged defendant held not to be established by the evidence. 2. Interest, § 82*—when objection to allowance of interest may not be raised on appeal. Objection to the allowance of interest on plaintiff’s claim not having been presented to the trial court, the question cannot be raised in a court of review.

Baltimore & Ohio Chicago Terminal Railroad v. Illinois Brick Co., 198 Ill. App. 327, 1916 Ill. App. LEXIS 419 (Ill. Ct. App. 1916).

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198 Ill. App. 327 (Baltimore & Ohio Chicago Terminal Railroad v. Illinois Brick Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.