Louisville & Nashville Railroad v. Knox Homes Corp.

JOHN R. BROWN, Circuit Judge.

Immediately involved here is the question whether the District Court properly directed a verdict for the Shipper1 and against the Carrier2 in the Carrier’s claim for undercharges. The underlying issue is whether, under the applicable tariff, the Shipper was entitled to substitute carloads of Georgia-South Carolina lumber for the West Coast shipments of fir admittedly entitled to Transit privileges. Upon the completion of the Carrier’s evidence before a jury whose presence seemed on all hands to have been a superfluous affectation, the Shipper moved for a directed…