Chesapeake & O. Ry. Co. v. Indiana Fibre Products Co.

EVANS, Circuit Judge.

Appellant brought this action to collect freight charges based upon a rate, the applicability of which appellee disputed. The case proceeded to a hearing, and a jury trial was waived. At the close of the testimony neither side made a request for a finding or ■ a ruling of law. The court ordered judgment to be entered in favor of appellee. Appellant appealed and, as a ground for reversal, argues that there is no evidence in the bill of exceptions which will support the judgment.

In view of the holdings in Fleischmann Construction Co. v. U. S., 270 U. S. 349, 46 S. Ct. 284,…