Missouri Pacific Railroad v. Red Star Milling Co.

The opinion of the court was delivered by

Dawson, J.:

This was an agreed case formulated under R. S. 60-2938 (Civ. Code, § 549), in which The Missouri Pacific Railroad Company, plaintiff, sought to recover from The Red Star Milling Company, defendant, a claimed balance of $431.33 and $12.94 war *123tax due as undercharges on 31' carloads of wheat transported by plaintiff in 1921 from southwestern Kansas to certain points in southeastern Kansas exclusively in intrastate commerce.

The facts set forth in the agreed case include references to quotations from tariff schedules governing interstate rates,…