Edward Douglass White

“ In its opinion the court of civil appeals expressly declared that the trial court had rendered judgment in favor of the railway company because the rate demanded and collected of the oil company 'was in accord with appellee's rate sheets and freight schedule which had been filed with the Interstate Commerce Commission and promulgated as provided by the act of Congress.' Deciding, however, that the case before it presented 'substantially the same questions, upon substantially the same state of facts,' which had been passed on in the case of Abilene Cotton Oil Co. ”

“ The appellate court, after excluding as surplusage averments in the petition 'evidently designed to bring the case within the provisions of the Interstate Commerce Act.' was of opinion and decided the case upon the hypothesis that the petition stated a valid cause of action at common law for the recovery of the sums coercively collected upon the delivery of the merchandise, in excess of a reasonable rate, and adopted the finding of the trial court as to the amount of the unreasonable exaction. ”

“ This writ of error is prosecuted to obtain the reversal of a judgment for $641.69, with interest, entered in favor of the Cisco Oil Mill by the court of civil appeals of Texas upon the reversal of a judgment of a district state court in favor of the Texas & Pacific Railway Company. ”