Campbell Coal Coke Co. v. Pennsylvania R. R. Co.

Opinion by

Mr. Justice Simpson,

Plaintiff shipped coal over defendant’s railroad, paying the full rates specified in the applicable tariff, which also provided that “Upon evidence satisfactory to [defendant] that coal shipped hereunder has been placed in naval vessels of the United States government, an allowance of 27 cents per gross ton out of the rates specified will be made on such coal.” Claiming that part of its shipments had been placed in such naval vessels, plaintiff sued to recover back the 27 cents per gross ton thereon, without averring or proving that defendant was satisfied in…