James Clark McReynolds

“ Cars of that size were scarce, and for its own convenience the railroad company furnished five larger ones-60,000 to 88,000 pounds-in which the shipments were made, the weight in each instance being less than the marked minimum, but appropriate for a 50,000-pound car. When these arrived at Fort Worth, charges of 27 1/2 cents per hundred, marked capacity, were demanded. They were paid, and immediately thereafter the shipper presented a claim for the amount exacted above a reckoning based on actual weights. ”

“ Plaintiff in error operates a road extending northward from Fort Worth, Texas, which connects through an intermediate one with the St. Louis & San Francisco Railroad whose line reaches Carthage, Missouri, where defendant is engaged in quarrying, selling and shipping stone. ”

“ It also provided that 'minimum weight will be the marked capacity of car on stone;' and item No. 81 was in these words: 'The following rule will be observed in assessing the freight charges for the minimum weights, according to capacity of car: 'When the carrier cannot furnish car of capacity ordered by shipper, and for his own convenience provides a car of greater capacity than the one ordered by the shipper, it may be used on the basis of the minimum carload weight fixed in tariff applied on size of car ordered by shipper, but in no case less than the actual weight. ”