Atlantic Bridge Co. v. Atlantic Coast Line R.

STRUM, District Judge.

This is an action at law to enforce an order of the Interstate Commerce Commission awarding plaintiff reparation for sums collected from plaintiff by the defendants for freight shipments, which sums plaintiff asserts, and defendants deny, are overcharges. Atlantic Bridge Co. v. A. C. L. R. Co. et al., 159 I. C. C. 287. See 49 USCA § 16 (2).

The only issue in the case is as to which of two freight tariffs applies to the shipments under consideration.

The undisputed evidence establishes that in October, 1926, the plaintiff shipped from points in North Carolina to Pompano,…