Southern Railway Co. v. Louisville & Nashville Railroad

BROOKS, District Judge.

1. By this action, plaintiff (herein called Southern) seeks to recover of the defendant (herein called L&N) more than $157,000 for placing cars of L&N at, or removing such cars from, the plant of General Mills, Inc., located on Farmington Avenue in Louisville, Kentucky, during the period June 27, 1955, through August 31, 1959. Southern rests its claim upon a certain tariff (and reissues thereof) which it published and which undertakes to assess a charge on such cars as are “interchanged” between the Southern and L&N on a track adjacent to the General Mills plant.

2. L&N…