Belcher v. Tacoma Eastern Railroad

Citations

• 117 Wash. 512
• 201 P. 750
• 1921 Wash. LEXIS 868

Syllabus

<p>Carriers (3-2) — Courts (35) — Previous Decisions as Controlling — Overcharges. Where, on a prior appeal, the law of the case has been decided as involving the measure of recovery for a violation by a carrier of the long and short haul provisions of the statute, the carrier cannot interpose an objection, in an action to recover upon an award made by the public service commission, that the shipper’s case is one based. upon discriminatory charges, thereby requiring a different measure of recovery.</p> <p>Appeal (473, 475) — Review—Former Decision as Law of Case — * Questions Concluded. Where a decision on appeal, determining the proper measure of recovery by a shipper against a carrier, by necessary implication found with the public service commission in awarding refund for certain shipments, and the evidence before the court on a subsequent appeal is the same as on the prior appeal, there is nothing in the record to overcome the priina facie case as found by the commission.</p>