Patterson v. Louisville & Nashville Railroad
Patterson v. Louisville & Nashville Railroad
Opinion of the Court
delivered the opinion of the Court.
Section 4 of the Act to Regulate Commerce as amended June 18, 1910, c. 309, 36 Stat. 539, 547, provides, among other things: “ That it shall be unlawful for any common carrier subject to the provisions of this Act ... to charge any greater compensation as a through rate than the aggregate of the intermediate rates subject to the provisions' of this Act.”
This suit was brought in the federal court for northern Georgia, under § 16, paragraph 2, of the Act, to enforce an order of reparation for $30,000 which had been entered by the Interstate Commerce Commission on April 9, 1923, pursuant to §§ 8 and 9. The shipments having been made from time to time between January 1,1916 and December
The complaint before the Commission as amended charged that the through rates were “ unreasonable, excessive and unjustly discriminatory' contrary to the First, Third and Fourth Sections,” and also charged specifically that they violated the aggregate-of-intermediates clause above quoted. The report shows that relief was not granted on the ground of unjust discrimination under § 3, nor on the ground of departure from the long-and-short-haul clause of § 4. As to the remaining grounds of relief asserted in the complaint, the report states: “ . . . we find that, while the rates assailed appear not unduly high, they were unreasonable in and to the extent that they respectively exceeded the aggregate of the intermediate rates subject to the act; that complainants made shipments and paid and bore the charges thereon upon the basis of the through rates and were damaged thereby; and that they are entitled to reparation on the basis of the difference between the respective through rates and the sums of the lowest intermediate rates subject to the act applicable on all shipments which moved since the dates above stated for the several complainants.”
The shippers insist that, since the declaration set forth an order of reparation for violation of the aggregate-of-intermediates clause duly made upon complaint and hearing, the demurrer should have been overruled. The argument is that the Commission is without power to suspend the .aggregate-of-intermediates clause; that if it has any such power, it is only to the extent of relieving the carrier from criminal liability under § 10 of the Act, so that in no event can a suspension relieve the carrier from civil liability to shippers; that the Commission thus retains the' power under §§ 8 and 9 to award reparation for damage
- The aggregate-of-intermediates clause was inserted in § 4 by the Act of June 18, 1910. Since that amendment, as before, the section empowers the Commission, upon special application, to “ prescribe the extent to which such designated common carrier may be relieved from the operation of this section.” The question whether, after the amendment, the power so conferred was still limited to the long-and-short-haul clause or extended also to the aggregate-of-intermediates clause, received careful consideration immediately after the passage of the 1910 Act. The Commission concluded that its power to grant the relief applied to both of these clauses. In its annual report for 1911 the reasons for this conclusion were .set forth. Pp. 19-20. The construction then adopted has been acted upon consistently ever since.
In support of the contention that the power to relieve from the operation of the section does not cover this case, the shippers point to the fact that, while the charge of the
The shippers’ contention that relief from the operation of the aggregate-of-intermediates clause was not invoked by an adequate and timely application is also unsound. Under the second proviso of § 4 the rates complained of, if in effect on June 18, 1910 and then, lawful, remained so, provided an application to suspend the operation of the section w,as duly made and was either allowed or remained undetermined. The District Court construed the report of the Commission as finding that the then existing rates here in question were so protected. We, also, construe the ' report as finding, in effect, that application for relief was made and was both adequate and timely.
"It is true that the dúe filing of such an application for . relief from the aggregate-of-intermediates clause or eyen an order granting relief thereon, would not render legal a
Since there can be no recovery under f 4 because of the pendency of an application for relief, we have no occasion to consider whether the rule of Davis v. Portland Seed Co., 264 U. S. 403, as to damages applies to violations of the aggregate-of-intermediates clause, nor whether it applies alike to suits based on reparation orders and to those instituted- in the courts without such' prior order.
Affirmed.
Humphreys Godwin v. Yazoo & M. V. R. R. Co., 31 I. C. C. 25, 29; Through Rates from Buffalo-Pittsburg Territory, 36 I. C. C. 325; Through Rates to Points in Louisiana and Texas, 38 I. C. C. 153; Du Pont de Nemours & Co. v. Director General, 62 I. C. C. 109; Fares between New York and Points West of Newark, 74 I. C. C. 516; Fidelity Lumber Co. v. Louisiana & P. Ry. Co., 83 I. C. C. 499, 500.
Hope Cotton Oil Co. v. Texas & P. Ry. Co„ 12 I. C. C. 265; Coomes v. Chicago, M. & St. P. Ry. Co., 13 I. C. C. 192; Oshkosh, Logging Tool Co. v. Chicago & N. W. Ry. Co., 14 I. C. C. 109; Hardenberg, Dolson & Gray v. Northern Pacific Ry. Co., 14 I. C. C. 579; Momsen & Co. v. Gila Valley, G. & N. Ry. Co., 14 I. C. C. 614, 615; Lindsay Bros. v. Michigan Central R. R. Co., 15 I. C C. 40; Michigan Buggy Co. v. Grand Rapids & I. Ry. Co., 15 I. C. C. 297; Lindsay Bros. v. Baltimore & O. S. W. R. R. Co., 16 I. C. C. 6; Wells-Higman Co. v. Grand Rapids & I. Ry. Co., 16 I. C. C. 339; Blodgett Milling Co. v. Chicago, M. & St. P. Ry. Co., 16 I. C C. 384; Smith Mfg. Co. v. Chicago, M. & G. Ry. Co., 16 I. C. C. 447; Milburn Wagon Co. v. Lake Shore & M. S. Ry. Co., 18 I. C. C. 144; Windsor Turned Goods Co v. Chesapeake & O. Ry. Co., 18 I. C. C. 162.
See, e. g., Humphreys Godwin Co. v. Yazoo & M. V. R. R. Co., 31 I. C. C. 25; Alabama Packing Co. v. Louisville & N. R. R. Co., 47 I. C. C. 524, 529; Williams Co. v. Pennsylvania Co., 50 I. C. C. 531, 533; Virginia-Carolina Chemical Co. v. Atlantic Coast Line R. R. Co., 78 I. C. C. 107; Davision & Namack Foundry Co. v. Pennsylvania R. R. Co., 81 I. C. C. 345; La Crosse Chamber of Commerce v. Director General, 93 I. C. C. 602,
Reference
- Full Case Name
- PATTERSON v. LOUISVILLE & NASHVILLE RAILROAD CO.
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- 15 cases
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- Published