Swift & Co. v. Fort Smith & Western Railway Co.

This suit was brought by appellee, Fort Smith & Western Railway Company, against appellant, Swift & Company, to recover certain alleged undercharges on freight shipped by appellant over appellee’s railroad. The alleged undercharges covered a period extending from May 1, 1924, to January 22, 1927, and included 125 different less than carload shipments of butter, eggs and dressed poultry. These shipments all moved over the railroad of the appellee and of the Missouri Pacific Bailroad Company, a connecting carrier.

Appellant paid the freight demanded, which was based on rates expressed in cents…