Chicago, Q.R.R. v. Berry's Sons

Opinion by

Keller, J.,

Defendant shipped a tank car of gasoline from Caspar, Wyoming, to National Oil Company, Boston, Mass., over the Chicago, Burlington and Quincy Railroad. The correct freight charges for the shipment were $409.15. By some oversight the railroad collected only $126.79, from the consignee, leaving a balance of $282.36, to recover which the railroad company brought this action of assumpsit against the consignor.(1) Defendant filed an affidavit of defense raising a question of lav/ and moved for judgment in its favor, because the plaintiff’s statement contained an averment that…