Detroit Terminal Railroad v. Budd Wheel Co.

These two cases,, consolidated1 for- the purpose of this appeal, were brought in assumpsit to recover for undercharges for switching services performed at defendants’ plant, located at 12141 Charlevoix avenue, Detroit, during the period June 2, 1939 to April 7, 1942. From judgment in each case of no cause of action rendered May 17, 1944, the plaintiff appeals.

The dispute in this case is over the determination of what is intraplant switching and what is intraterminal switching, as set out in the published tariff. Determination of that question will also determine the proper charge under the…