American Railway Express Co. v. Eddy

The action was instituted by plaintiff to recover from defendant express charges for various interstate shipments of cream, in addition to those theretofore paid to plaintiff by defendant, under what plaintiff alleges were inadequate and erroneous tariff rates.

Issue was joined October 26, 1923; a trial by jury was demanded, and on June 13, 1924, the case came on for trial before this court and a jury.

The record discloses that after plaintiff rested, both parties stipulated in open court to waive the jury trial, and to submit all questions either of law or of fact to the court. The parties…