Transamerican Freight Lines, Inc. v. Marcrome Art Marble Co.

This suit was brought by respondent, as plaintiff, to recover from appellant, as defendant, a balance alleged to be due for freight charges for a series of shipments of building materials. A trial before the court and a jury resulted in a directed verdict in favor of plaintiff in the sum of $875.54 on plaintiff’s cause of action and in favor of plaintiff on defendant’s counterclaim. After an unavailing motion for a new trial defendant appealed.

The petition of plaintiff alleged that it is engaged in interstate and intrastate transportation of property for hire by means of motor vehicle; that,…