American Express Co. v. Crawley

Mississippi Supreme Court April 15, 1906

American Express Co. v. Crawley, 88 Miss. 525 (Miss. 1906)

41 So. 261

Ioon, Oali

Opinion of the Court

Oali-ioon, J.,

delivered the opinion of the court.

It is clear that there was discrimination in fact against appellee, at Clarisdale, and in favor of Stone, at Marks; to the extent *529of from ten to fifteen cents per case of carbonated beverages shipped. On consideration of the common law, of modern authority, and sec. 4291 of the annotated code of 1892, we conclude the law to be that the company is liable to the person discriminated against, even where the discrimination is not out of distinct purpose, for the sum he has paid in excess of that charged the other. If there was such purpose, then, under Ann. Code 1892, § § 4287, 4288, the liability would be for twice the damages sustained.

In this case there was evidence that the overcharge was from a mistake of an agent. The jury gave actual damages only.

Affirmed on appeal and cross-appeal.

Reference

Full Case Name: American Express Company v. Winston A. Crawley
Status: Published
Syllabus: Carriers. Express companies. Discrimination in rates. Liability. Measure of damages. Code 1892, § § 4288, 4291. Extortion. Under code 1892, § § 4288, 4291, the one providing that any party injured by the extortion of an express company may recover double damages, and the other making it the duty of such companies to maintain fixed rates, prohibiting discrimination between persons or localities, and imposing on them civil and criminal liability for extortion: (а) Where by mistake and without intent to extort the company charged and received too much for the carriage of goods, it is liable only for actual damages; but (б) Where it purposely and intentionally made the overcharge it is liable for double damages.