Supply Co. v. . R. R.

BROWN, J., dissenting; WALKER, J., concurring in the dissenting opinion. This is an action to recover an overcharge on an interstate shipment of freight, and the penalty prescribed in section 2644.

After the freight had been paid, the plaintiff applied to the defendant for its rate, and correctly made up its claim of $3.75, based on the rate given.

The defendant refused to pay the claim, and the plaintiff sued to recover the sum of $3.75 and the penalty.

The defendant offered to pay $2.39, and the jury found that the overcharge was $3.56. The discrepancy between the amount claimed and the amount…