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SOUTHERN PAC. CO. v. POTTER

No. 5392.

26 F.2d 796 (1928)

SOUTHERN PAC. CO. v. POTTER.

Circuit Court of Appeals, Ninth Circuit.

June 4, 1928.

Attorney(s) appearing for the Case

James P. Boyle and Harry E. Pickett, both of Douglas, Ariz., for plaintiff in error.

John B. Wright and Carl R. Tisor, both of Tucson, Ariz., for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

This was an action by a shipper against a common carrier to recover damages for the conversion of a consignment of freight shipped from a point in Colorado to Clifton, Ariz. It was stipulated at the trial that the true and lawful rate for the transportation was $1,189.74. But, while both shipper and carrier were chargeable with notice of this rate as a matter of law, neither apparently knew the correct or lawful rate as a matter of fact. Upon...

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