Cowden

This is an action brought to recover damages of defendant for a discrimination in freight rates. A demurrer to the complaint was interposed, *474 upon the ground that the court had no jurisdiction of the subject-matter of the action, and that no cause of action was stated. The demurrer was sustained, and the ruling of the court in this regard, is the only matter before us for review.

The complaint substantially alleges that the defendant is a common carrier of freight by vessel between San Francisco and San Diego, via the Pacific Ocean; that between certain dates, plaintiff, as a merchant of San Diego, paid to defendant, according to its regular schedule of rates, large sums of money as charges for freight; that defendant charged a second merchant twelve and one half per cent less for freight of the same character and quantity than it did plaintiff; that said charges were a discrimination against plaintiff, and though often requested so to. do, defendant refused to allow plaintiff such reduced rates, whereby he has been damaged in the sum of $1,674.14. The ■ amount sought to be recovered as damages is the difference between the freight charges made to plaintiff and those made to…