Johnson v. Pensacola & Perdido Railroad

Citations

• 16 Fla. 623

Syllabus

<p>1. A demurrer to pleas reaches the declaration, notwithstanding a previous demurrer to the declaration overruled. Where a party pleads over after demurrer overruled, the demurrer is waived, and, in contemplation of law, ceases to be a part of the record.'</p> <p>3, The Pensacola and Perdido Railroad Company is a common carrier. At common law such common carrier cannot charge excessive or unreasonable rates of freight. The common law protects the individual from. extortion and limits the carrier to a reasonable rate, but there is no common law rule requiring equal rates. What is charged one person, and the tariff of rates, are but matter of evidence to determine whether a charge is a reasonable compensation for the service performed.</p>