JOHNSON v. ATCHISON, T. & S. F. RY. CO.

Nos. 4884, 4893, 4883.

17 F.Supp. 720 (1937)

JOHNSON v. ATCHISON, T. & S. F. RY. CO. et al. WHALEY v. COLORADO & S. RY. CO. et al. GIBBERT et al. v. ATCHISON, T. & S. F. RY. CO. et al.

District Court, N. D. Texas, Dallas Division.

January 4, 1937.


Attorney(s) appearing for the Case

Thompson & Barwise, of Fort Worth, Tex., presenting demurrers.

Leffingwell & Dixon, of Dallas, Tex., opposed.


ATWELL, District Judge.

It is alleged that the shippers of the coal, in each case, paid the freight on f. o. b. shipments at the request of the consignee. The consignees, plaintiffs, complain that they are the only ones damaged, and that, therefore, they are entitled to recover under the Act of February 4, 1887, 24 Stat. 379, as amended (49 U.S. C.A. § 1 et seq.). That act provides that the charges for transportation of persons or property shall be "reasonable...

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