Central Pacific Railroad v. United States

Citations

• 164 U.S. 93
• 17 S. Ct. 35
• 41 L. Ed. 362
• 1896 U.S. LEXIS 1844

Syllabus

<p>For several years in succession before the commencementof this action the Central Pacific Railroad Company transported the mails of the United States on its roads. During the same period post office inspectors, commissioned by the department, under regulations which required the railroads “ to extend facilities of free travel” to them, were also transported by the company over its roads. During all this period the railroad company presented to the department its claim for the transportation of the mail without setting up any claim for the transportation of the inspectors, and the said claims for mail transportation were, after such presentation, from time to time, and regularly, adjusted and paid on that basis. This action was then broug'htfin the Court of Claims to recover for the transportation of the inspectors. Until it was commenced no claim for such transportation had ever been made on the United States. Held, that, without deciding whether the claim of the department that its inspectors were entitled to free transportation was or was not well founded, the. silence of the company, and its acquiescence in the demand of the government for such free transportation operated as a waiver of any such right of action.</p>