Davis v. Moody

Opinion of the Court by

Sandidge, Commissioner

Reversing.

This lawsuit was brought by the Director General of Railroads to recover from Morris T. Moody $262.40, balance due on the freight on six carloads of coal shipped to appellee at Sulphur, Kentucky, from Clay and Mercer, Kentucky. The petition alleged that by mistake the freight; had been billed at less than the rate fixed, promulgated and in effect and that the difference amounted to $262.18. The answer of appellee put in issue the mistake in the rate, and affirmatively pleaded that at the time *204these shipments of coal were received the coal…