Southern Pac. Co. v. Van Hoosear

MACK, Circuit Judge.

In an action for freight charges on shipments of commodities from the wharves at San Francisco to the appellee’s mills in the same city, appellant sought to recover $1,-195.96 with interest, on the theory that interstate and not intrastate rates were applicable. Appellee admitted an indebtedness of $59'3'.70i, based on the intrastate rate, and denied that he had ever refused to pay that sum. The court, after trial without a jury, first gave judgment for the plaintiff for $1,-189.96 with interest and costs, but, on defendant’s motion for a new trial, set it aside and,…