Chicago & Eastern Illinois Railroad Company v. Midwest Homes, Incorporated

ENOCH, Circuit Judge.

The plaintiff, Chicago and Eastern Illinois Railroad Company, brought suit as a common carrier to recover alleged undercharges from the defendant-shipper, Midwest Homes, Incorporated, under authority of Title 49 U.S.C. § 1 and Title 28 U.S.C. § 1337.

The defendant manufactures sections of houses on a production line basis which are shipped for assembly on the construction site.

Seventy-one such sections were shipped between September, 1959, and February, 1960, via the plaintiff’s railroad and connecting railroads to Seattle, Washington.

Each of these shipments was covered by…