Southern Pacific Co. v. United States Steel Corp.

This is an appeal from a judgment for plaintiff rendered in an action to collect freight undercharges.

In a complaint filed February 27, 1961, plaintiff, a common carrier of freight and passengers for hire, with its tariffs duly posted, brought the action against defendant for freight charges allegedly due on account of the hauling by plaintiff of certain carloads of “machinery parts, iron and steel” for defendant. Defendant answered the complaint by alleging in effect that plaintiff had hauled 343 carload shipments of “fabricated structural steel forms” on behalf of defendant and that the latter had paid $53,109, the full and correct amount required by plaintiff’s tariffs on account of the transportation of such forms.

It is agreed that if there should be a judgment against defendant the amount should be $80,511.17. After a trial the court ordered judgment for plaintiff in the amount as indicated, plus interest and costs. This appeal followed.

There is no controversy as to the facts.

The sole question involved is whether under plaintiff’s posted tariffs the fabrication in transit privilege should be granted to the shipments in question.

A joint pretrial statement…