Lowden v. Simonds-Shields-Lonsdale Grain Co.

BOOTH, Circuit Judge.

This was an action brought by the appellants, hereinafter called “plaintiff-carrier”, against the defendant, hereinafter called the “shipper”, to recover for services in installing certain grain doors on the box cars in which grain in bulk was shipped in interstate commerce by the shipper.

The Court below found in favor of the shipper, and from the judgment, this appeal was taken.

The facts were largely stipulated, and, with headings and signatures omitted, are set out in the margin.1

Among them was a provision from a Freight Tariff, effective July 1, 1935. (See *818Exhibit “A”…