McFeaters v. Cooper-Bessemer Corp.

Rowley, P. J.,

— This matter is before the court upon defendant’s rule for. judgment for want of a sufficient reply to new matter.

On December 23, 1942, plaintiff commenced this action to recover $3,287.97, the aggregate of numerous alleged undercharges on freight transported in motor truck by plaintiff for defendant between Grove City, Mercer County, Pa., and Mount Vernon, Ohio, during the period from April 27, 1937, to December 12,1937.

The statement of claim avers “at, before and since the enactment of the Motor Carrier Act of 1935, Interstate Commerce Act, Part 2”, plaintiff was engaged in…