FORT WORTH & DENVER CITY RY. CO. v. CHILDRESS COTTON OIL CO.

Civ. A. No. 220.

48 F.Supp. 937 (1942)

FORT WORTH & DENVER CITY RY. CO. v. CHILDRESS COTTON OIL CO.

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

October 22, 1942.


Attorney(s) appearing for the Case

Charles J. Kelly, of Denver, Colo., and Morgan, Culton, Morgan & Britain, of Amarillo, Tex., for plaintiff.

Leffingwell, Currie & Davis, of Dallas, Tex., and W. W. Gibson, of Amarillo, Tex., for defendant.


WILSON, District Judge.

Defendant ordered of plaintiff a car 40 feet in length, in which to ship cotton linters interstate. Plaintiff, not being able to comply, furnished a car 50 feet in length. The jury found that defendant shipped more linters in it than it could have in a 40 foot car, but the undisputed evidence shows some less than the full capacity of the 50 foot car was used. Plaintiff charged, and the defendant paid freight, on the basis of the minimum weight...

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