OYLER v. CLEVELAND, C. C. & ST. L. RY. CO.

No. 4607.

16 F.2d 455 (1926)

OYLER et al. v. CLEVELAND, C. C. & ST. L. RY. CO.

Circuit Court of Appeals, Sixth Circuit.

December 17, 1926.


Attorney(s) appearing for the Case

Robt. C. Porter, of Cincinnati, Ohio (Hightower, O'Brien & Porter, of Cincinnati, Ohio, on the brief), for plaintiffs in error.

Harmon, Colston, Goldsmith & Hoadly, of Cincinnati, Ohio, for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.


PER CURIAM.

In this case the question is whether the railroad rightfully made the special tariff charge, to collect which this suit was brought. There was a trial by the court without a jury, pursuant to R. S. § 649 (C. S. § 1587), and a judgment for plaintiff; defendant duly settled a bill of exceptions, which "contains all the evidence," and seeks review. There were no special findings.

In a review of the practice under this statute, we have held...

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