Wright v. Baltimore & Ohio Railroad

Citations

• 32 Pa. Super. 5
• 1906 Pa. Super. LEXIS 277

Syllabus

<p>Railroads — Carriers—Cars—Discrimination—Coal.</p> <p>All shippers similarly situated must be treated alike by a railroad company at the same place in the distribution of cars. An unusual volume of business may make it impracticable for the railroad company to provide an adequate supply, but the duty remains to distribute whatever cars may be available among those of the same class in due proportion. Any inequality of charge or facilities for transportation must be justified' by a difference of circumstances and situation.</p> <p>A transportation company may not discriminate in favor of particular persons or companies because they have been for a longer time engaged in business than other companies.</p> <p>A person who is not the owner or lessee of a coal mine, but has only a contract to purchase and sell coal, has a standing to demand cars from a railroad company on which his coal may be loaded from wagons, where it appears that owners or lessees of coal mines have been furnished cars for use in the same way.</p> <p>A Pennsylvania court has jurisdiction over a railroad company sued for discrimination in supplying coal cars, where it appears that the plaintiff's relation to the coal terminated at a point within the limits of the state of Pennsylvania; and it is immaterial that the intentions of plaintiff may have been that the coal should be shipped from that point to a point without the state.</p>