Home/E.D. Kentucky/Louisville & Nashville Railroad v. Red Comb Pioneer Mills, Inc.

Louisville & Nashville Railroad v. Red Comb Pioneer Mills, Inc.

149 F. Supp. 812, 1957 U.S. Dist. LEXIS 3937, 1957 WL 90782
CourtDistrict Court, E.D. Kentucky
DecidedMarch 22, 1957
DocketNo. 1106
StatusPublished
Cited by1 cases

This text of 149 F. Supp. 812 (Louisville & Nashville Railroad v. Red Comb Pioneer Mills, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Louisville & Nashville Railroad v. Red Comb Pioneer Mills, Inc., 149 F. Supp. 812, 1957 U.S. Dist. LEXIS 3937, 1957 WL 90782 (E.D. Ky. 1957).

Opinion

FORD, Chief Judge.

By this action, jurisdiction of which is invoked under Title 28, U.S.C. § 1337, the plaintiff Louisville & Nashville Railroad Company seeks to recover additional charges in the amount of $1,879.31 [813]*813from defendant, Red Comb Pioneer Mills, Inc., a miller and shipper located at Lexington, Kentucky, for services rendered in the interstate transportation of 45 carload shipments of poultry feed. The parties are in disagreement as to the rate authorized on the shipments by the provisions of the L. & N. R. R. Grain and Feed Transit Tariff, G.F.O. No. 12-K, a copy of which is filed herein as Exhibit “A”, under which Red Comb is entitled to “milling-in-transit” privileges at Lexington by milling or manufacturing poultry feed from grain products. The parties have selected one shipment as representative of the 45 and have agreed that the court’s decision as to the rate applicable to that shipment shall govern the rate applicable to all the shipments involved.

The original shipment in question was corn purchased by the defendant at Colfax, Illinois, which was transported therefrom to Cincinnati, Ohio, by the Illinois Central Railroad from Colfax to Chicago, and thence to Cincinnati by the Chesapeake & Ohio Railway. It was then brought by the plaintiff from Cincinnati to Lexington, where the corn was milled and thereby converted into poultry feed. The poultry feed was then transported by the defendant from Lexington to Jasper, Georgia.

Even though the shipment with which we are concerned arrived at Lexington as corn, and by milling was converted into and shipped from Lexington as poultry feed, under the milling-in-transit privileges to which defendant is entitled, it is to be considered as a continuous shipment of poultry feed from the point at which such privileges are accorded under the L. & N. Transit Tariff to its final destination at Jasper, Georgia. Great Northern Ry. Co. v. Commodity Credit Corp., D.C., 77 F.Supp. 780, 787. The question to be determined is whether the tariff accords the milling-in-transit privilege from the point of origin of the shipment at Colfax, Illinois, or only from Cincinnati, Ohio.

The facts are not in dispute and it is stipulated that the only issue presented is the proper construction and application of transit privileges under Item 5240, set out on page 90 of the Tariff G.F.O. No. 12-K, which, so far as here pertinent, is as follows:

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Related

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363 F. Supp. 401 (N.D. Ohio, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
149 F. Supp. 812, 1957 U.S. Dist. LEXIS 3937, 1957 WL 90782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisville-nashville-railroad-v-red-comb-pioneer-mills-inc-kyed-1957.