Atchison, T. & S. F. R. v. Union Wire Rope Corp.

OTIS, District Judge.

The plaintiff has brought this case in forty-three counts to recover from the defendant on account of alleged freight undercharges. Each count, with one exception, is like every other, except that each count concerns a different shipment.

Trial by jury was waived by written stipulation. The principal facts were also stipulated. There was some oral testimony.

The facts under the first count and the legal question arising in connection with that count are typical.

The defendant, as consignor, delivered to the plaintiff at Kansas City for shipment to Pampa, Tex., for delivery…