Coon Valley Gravel Co. v. Chicago, Rock Island & Pacific Railroad

The material facts as stipulated are: In 1945 plaintiff shipped one hundred six carloads of sand and gravel over defendant’s line to industries thereon but within the Des Moines switching area. Each car weighed in excess of 115,000 pounds and was hauled a distance in excess of three miles but less than five miles. For this service plaintiff paid to defendant at the rate of one and three-fourths cents per hundred pounds actual weight, the sum of $2311.26 plus tax of $69.43.

Plaintiff alleged that under the tariff schedule the correct rate was a flat charge of $8.91 per car, irrespective of the…