Tex-O-Kan Flour Mills Co. v. Texas & P. Ry. Co.

McCORD, Circuit Judge.

The Texas and Pacific Railway Company brought this suit against the Tex-O-Kan Flour Mills Company, doing business as Perry Burrus Elevators, to recover the sum of $1,263.63, alleged to be due as an extra service charge over and above the regular line haul charge on a shipment of seventy-one carloads of milo maize, shipped by appellant over its lines from various points near Corpus Christi to Galveston, by way of Dallas, Texas. The suit as originally filed sought recovery for extra service charges on an additional forty-two carloads of maize, but it was conclusively shown…