Southern Railway Co. v. Bruce

122 Ind. App. 87 (1951)

99 N.E.2d 447

SOUTHERN RAILWAY COMPANY

v.

BRUCE.

No. 18,108.

Court of Appeals of Indiana.

Filed June 20, 1951.

Rehearing denied October 10, 1951.

Transfer denied January 18, 1952.

Phelps F. Darby and William T. Fitzgerald, both of Evansville, for appellant.

Volmar A. Franz, of Tell City, for appellee.

WILTROUT, J.

Appellant brought this action to recover from appellee by reason of an alleged undercharge in freight rates on a rail shipment.

The complaint charges that a small tugboat was shipped to appellee upon two railroad cars; that when it arrived the appellant's agent by mistake…