Union Pacific Railroad Company, a Corporation v. Ore-Ida Potato Products, Inc., a Corporation
Opinion
Opinion
Hamley, J.
Union Pacific Railroad Company brought this action to recover asserted undercharges for the transportation of frozen French fried potatoes. The defendant shipper, Ore-Ida Potato Products, Inc., denied that there were undercharges. It also counterclaimed to recover alleged overcharges for other shipments of the same commodity.
The court, which tried the case without a jury, found for defendant on both the complaint and counterclaim. Judgment in the sum of $5,331.24 was entered for Ore-Ida Potato Products, Inc. Union Pacific appeals.
The question for determination is whether the trial court was correct in holding that the carload shipments of this commodity took the rates specified in Item 4715 of the applicable tariff, and not the higher rates specified in Item 4600 of that tariff.
Item 4715 of the tariff prescribes carload rates on “Vegetables, fresh or green, cold pack (frozen fresh or green vegetables either sweetened or not sweetened), in packages as prescribed in Western Classification (subject to notes 1 and 6).” Item 4600 of the tariff prescribes carload rates on “food cooked, cured, or preserved, frozen NOIBN in containers in boxes.”