[Download] "Louisville & Nashville Railroad Co. v. Corporation." by Fifth Circuit United States Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Louisville & Nashville Railroad Co. v. Corporation.
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 01, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
BROWN, C.J.: Immediately involved here is the question whether the District Court properly directed a verdict for the Shipper and against the Carrier in the Carriers claim for undercharges. The underlying issue is whether, under the applicable tariff, the Shipper was entitled to substitute carloads of Georgia-South Carolina lumber for West Coast shipments of fir admittedly entitled to Transit privileges. Upon the completion of the Carriers evidence before a jury whose presence seemed on all hands to have been a superfluous affectation, the Shipper moved for a directed verdict, and the Carrier followed suit, each party proceeding on the assumption that in the final analysis it was a question of law for the Court. The Trial Court granted the motion of the Shipper on two grounds. The first was on the construction of the Tariff. It seems to have run on a double track, either one of which was sufficient: (a) the tariff justified the Shippers practice, or (b) if it did not, then the tariff was so ambiguous that the Shipper was entitled to the construction most favorable to it. The second ground was that the Carrier by identified Carrier records of waybills, freight bills, and the like had not sufficiently established the correct weight of the shipments involved to make out a prima facie case. We reverse the judgment in part and in effect render that portion for the Carrier. But as to the more troublesome question of tariff construction, we vacate the judgment and return that aspect to the District Court for initial determination by the Interstate Commerce Commission under the doctrine of primary jurisdiction.