Legal Opinion
Fort Worth & Denver City Ry. Co. v. Childress Cotton Oil Co.
District Court, N.D. Texas
Decided October 22, 1942No. Civ. A. No. 220PublishedCited by 4 opinions
1Opinion of the Court
WILSON, District Judge.
Defendant ordered of plaintiff a car 40 feet in length, in which to ship cotton linters interstate. Plaintiff, not being able to comply, furnished a car 50 feet in length. The jury found .that defendant shipped more linters in it than it could have in a 40 foot car, but the undisputed evidence shows some less than the full capacity of the 50 foot car was used. Plaintiff charged, and the defendant paid freight, on the basis of the minimum weight of the car ordered. This is an undercharge suit, with the import that the true basis was the minimum weight of the car…
2Cases cited14 opinions
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Wintersteen v. National Cooperage & Woodenware Co.Illinois Supreme Court · 1935
- W. P. Brown & Sons Lumber Co. v. Louisville & Nashville RailroadSupreme Court of the United States · 1937
- Reynolds v. General Electric Co.Court of Appeals for the Eighth Circuit · 1905
- Atchison, T. & S. F. Ry. Co. v. United States ex rel. Sonken-Galamba Corp.Court of Appeals for the Eighth Circuit · 1938
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3Cited by4 opinions
- The Associated Press v. The Federal Communications Commission and United States of America, American Telephone and Telegraph Co., IntervenorCourt of Appeals for the D.C. Circuit · 1971
- Atchison, T. & S. F. Ry. Co. v. Guthrie Cotton Oil Co.Court of Appeals for the Tenth Circuit · 1943
- Southern Railway Co. v. BruceIndiana Court of Appeals · 1951
- Southern Railway Co. v. BruceIndiana Court of Appeals · 1951