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AMERICAN RY. EXPRESS CO. v. PRICE BROS.

No. 6176.

54 F.2d 67 (1931)

AMERICAN RY. EXPRESS CO., Inc., v. PRICE BROS., Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 9, 1932.

Attorney(s) appearing for the Case

Grady Lowrey, of Del Rio, Tex., for appellant.

C. A. Davies, of San Antonio, Tex., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Price Brothers raised small onions, and leaving part of the growing foliage on them tied them into bundles and shipped them in crates to others to plant out and grow to maturity. American Railway Express Company carried them, having a published rate on "Onions, Green," and a higher rate for "Plants, Strawberry and Vegetable." The onions were tendered for transportation under the former classification, but were charged for under the latter. A...

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