Travers v. Artic Roofing Inc.

Layton, Chief Justice:

The plaintiff, a common carrier of freight under the Federal Motor Carrier Act of 1935, 49 U. S. C. A., § 301 et seq., sued to recover from the defendant the difference between the amount due for interstate hauling under his duly filed tariff schedules and the amount actually paid to him by the defendant under its contract of carriage. The declaration alleged that the haulage at the legal rate amountéd to $7,025.00; and that the defendant, in violation of Title 49 U. S. C. A. § 316, Subd. (d) and Subd. (b) under § 317, paid only the sum of $3,421.57; and that there was…