S. A. Gerrard Co. v. American Ry. Express Co.

HICKS, Circuit Judge.

Suit to recover alleged overcharges upon express shipments amounting to $1,325.49, with interest. The shipments consisted of 12 ears of cantaloupes from California to points east. Plaintiff claimed that the charges collected were in excess of the rate fixed by the tariff classification on file with the Interstate Commerce Commission (tit. 49, ch. 1, § 6, U. S. C. [49 USCA § 6]). By stipulation the ease was tried by the court without a jury. Plaintiff excepted to no ruling on the trial. However, at its request, the court made a separate finding of facts, and the only open…