Atchison, Topeka & Santa Fe Railway Co. v. United States

Court of Claims

Atchison, Topeka & Santa Fe Railway Co. v. United States

58 Ct. Cl. 143, 1923 U.S. Ct. Cl. LEXIS 356

CourtUnited States Court of Claims

DecidedMarch 12, 1923

DocketNo. 34565

StatusPublished

This text of 58 Ct. Cl. 143 (Atchison, Topeka & Santa Fe Railway Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Atchison, Topeka & Santa Fe Railway Co. v. United States, 58 Ct. Cl. 143, 1923 U.S. Ct. Cl. LEXIS 356 (cc 1923).

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Opinion

MEMORANDUM

BY THE COURT.

(1) The facts fail to show that the deductions made from the bills of the Railroad Administration have been paid by the railroad company to the administration. The mere charging on the books is not sufficient. In one other case where similar facts appeared the evidence showed that though the amount deducted from the Railroad Administration account had been charged to the railroad involved in that case the same had not been accounted for or paid by the railroad corporation to the Railroad Administration.

(2) The item mentioned in the seventh finding is not sufficiently proved, and, on the contrary, the auditor’s statement is to the effect that the items in question were checkable baggage not exceeding 150 pounds to each person. This item is therefore not allowed.

Judgment for plaintiff under Findings V and VI in the sum of $20,076.53.

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MEMORANDUM

BY THE COURT.

(1) The facts fail to show that the deductions made from the bills of the Railroad Administration have been paid by the railroad company to the administration. The mere charging on the books is not sufficient. In one other case where similar facts appeared the evidence showed that though the amount deducted from the Railroad Administration account had been charged to the railroad involved in that case the same had not been accounted for or paid by the railroad corporation to the Railroad Administration.

(2) The item mentioned in the seventh finding is not sufficiently proved, and, on the contrary, the auditor’s statement is to the effect that the items in question were checkable baggage not exceeding 150 pounds to each person. This item is therefore not allowed.

Judgment for plaintiff under Findings V and VI in the sum of $20,076.53.

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Bluebook (online)

58 Ct. Cl. 143, 1923 U.S. Ct. Cl. LEXIS 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atchison-topeka-santa-fe-railway-co-v-united-states-cc-1923.