White

The appellee-railway company commenced this action in the district court to recover freight under-charges, under § 6(7), Part I, Interstate Commerce Act, 49 U.S.C.A. § 6 (7), 1 on various shipments made by the appellant-freight forwarder from California over the appellee’s line and its connecting carriers to destinations in various other states. Judgment was entered in favor of the plaintiff-appellee, the defendant-appellant?s motion for a new trial was denied, and the latter appeals. The appeal is submitted to us upon ani agreed statement of fact.

Since interstate commerce laws are involved, the district court had jurisdiction, Jud.Code § 24(8), 28 U.S.C.A. § 41 (8), and jurisdiction of the circuit court is invoked by virtue of Jud. Code, § 128, 28 U.S.C.A. § 225 .

The appellant has, since April, 1937, conducted a freight forwarding business ini which he engages the services of the appellee-railway company and its connecting carriers. Pursuant to such business, the appellant collected at his terminal at Los-Angeles parcels of freight from various, shippers throughout California. These, were consolidated into carload lots andi shipped via appellee and connections to the:…