Toledo & Ohio Central Railway Co. v. Wren

Citations

• 78 Ohio St. (N.S.) 137

Syllabus

<p>Dtity of railroads to extend freight facilities — Section 3373-1, Revised Statutes — Action for damages for discrimination — Recovery for actual loss — Measure of damages — Law of common carriers.</p> <p>1. (it is the duty of a railroad company both under the common law, and by statute in this state, — Section 3373-1, Revised Statutes,— to extend to all persons, without favoritism or discrimination, equal opportunities and facilities for receiving and shipping freights of all kinds of the same class.^)</p> <p>2. In an action against a railroad company, by a person engaged in the handling and shipping of hay, grain and straw, to recover damages for alleged discrimination against him by the company’s giving to other shippers, handling and shipping the same kind of freight, special or unequal preferences in the distribution and delivery of cars, the plaintiff is only entitled to recover as damages such sum as will compensate him for the loss or injury actually sustained as the result of such discrimination, except, that in any such action, if discrimination be proved, the recovery shall not be less than five hundred dollars.</p> <p>3. In such action, where there is no allegation of special damages,— the measure of damages to which the plaintiff is entitled, is the difference between the market value of the hay and straw that would have been transported in the cars the plaintiff should have received, at the point to which they were to have been • carried, at the time when they would have reached their destination, and the market value of said hay and straw at the same time at the place from which they were to have been carried, less the cost of transportation between the two points.</p>