Fawley Motor Lines, Incorporated, and Cross-Appellee v. Cavalier Poultry Corporation, and Cross-Appellant

PARKER, Chief Judge.

These are appeals from a judgment in an action to recover excess freight charges collected by a motor carrier. The case was heard by the District Judge on a motion for summary judgment and a stipulation of facts by the parties. Judgment was rendered for the amount claimed without interest prior to judgment. Defendant has appealed from the judgment and plaintiff from the refusal to include therein interest on the excess charges from the time, collected.

Plaintiff was a shipper of dressed poultry, defendant a common carrier by motor vehicle which had obtained a certificate of…