Railway Express Agency, Inc. v. Youngstown Plant & Flower Co.

This is an appeal upon questions of law from a judgment of the Municipal Court in favor of the Defendant-Appellee.

The Plaintiff-Appellant is a common carrier in interstate commerce which sought to recover undercharges made upon 54 shipments of cut flowers. The Plaintiff-Appellant, by mistake, quoted a rate less than that set forth in the schedule of rates which was established, filed and published pursuant to the provisions of 49 U. S. C. A., Section 1(4) an 6(1), et seq. The amount undercharged was $260.29.

The Defendant is a shipper which took the goods on consignment. The consignor was out…