Baltimore & Ohio Railroad v. United States

Court of Claims

Baltimore & Ohio Railroad v. United States

59 Ct. Cl. 545, 1924 U.S. Ct. Cl. LEXIS 487, 1924 WL 2397

CourtUnited States Court of Claims

DecidedMarch 31, 1924

DocketNo. B-65

StatusPublished

This text of 59 Ct. Cl. 545 (Baltimore & Ohio Railroad 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.

Bluebook

Baltimore & Ohio Railroad v. United States, 59 Ct. Cl. 545, 1924 U.S. Ct. Cl. LEXIS 487, 1924 WL 2397 (cc 1924).

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Opinion

[546]*546MEMORANDUM BT THE COURT

Recovery is sought of such amount 'as is necessary to correct a plain error in mathematics; 40,000 (pounds) X 31-4 (cts. per hundred) = $137.60, not $13.76. The certification of the amount as correct can not preclude recovery as urged, for the weight and the rate, the controlling elements, were correct. The deduction therefrom was an error. The auditor, in examining the 'account and passing it in that shape must have participated in the mistake or knowingly passed an account with such a mistake in it, to the detriment of [547]*547plaintiff; a surely conceivable action. The plaintiff earned this money 'and ought to have it and we know of no law or rule precluding its recovery under these circumstances. Judgment for plaintiff in the sum of $121.14.

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[546]*546MEMORANDUM BT THE COURT

Recovery is sought of such amount 'as is necessary to correct a plain error in mathematics; 40,000 (pounds) X 31-4 (cts. per hundred) = $137.60, not $13.76. The certification of the amount as correct can not preclude recovery as urged, for the weight and the rate, the controlling elements, were correct. The deduction therefrom was an error. The auditor, in examining the 'account and passing it in that shape must have participated in the mistake or knowingly passed an account with such a mistake in it, to the detriment of [547]*547plaintiff; a surely conceivable action. The plaintiff earned this money 'and ought to have it and we know of no law or rule precluding its recovery under these circumstances. Judgment for plaintiff in the sum of $121.14.

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Bluebook (online)

59 Ct. Cl. 545, 1924 U.S. Ct. Cl. LEXIS 487, 1924 WL 2397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baltimore-ohio-railroad-v-united-states-cc-1924.