Southern Railway Co. v. Bruce

DISSENTING OPINION

Martin, C. J.

I cannot agree with the majority opinion in this case.

This is an action by the appellant against the appellee to recover a money judgment for an undercharge in *91freight charges on a two-car shipment which moved over four connecting lines of railroad from Lathrop, California, to Tell City, Indiana.

The cause was tried to the court without a jury and upon a complaint in one paragraph, to which appellee addressed an answer of admission and denial.

The trial court made a general finding against the appellant. The court also found, however, that appellee had stipulated…