Chicago, B. & Q. R. v. Feintuch

Citations

• 191 F. 482
• 112 C.C.A. 126
• 1911 U.S. App. LEXIS 4955

Syllabus

<p>1. Carriers (§ 36*) — Interstate Commerce Act — Excessive Rate — Recovert of -Damages — “Injured Person.”</p> <p>A shipper, who is charged by a railroad company on an interstate shipment a rate in excess’of that established by the company and filed with the Interstate Commerce Commission, is injured by such unlawful rate within the meaning of the Interstate Commerce Act Feb. 4, 1887, c. 104, § 13, 24 Stat. 383 (U. S. Comp. St. 1901, p. 3164), without regard to the question of its reasonableness, and under section 16 the Interstate Commerce Commission has power to make an award of damages therefor which may be enforced by action in a Circuit Court.</p> <p>[Ed. Note. — For other cases, see Carriers, Cent. Dig. § 95; Dee. Dig. § 36.*</p> <p>For other definitions, see Words and Phrases, vol. 4, p. 3614.]</p> <p>2. Commerce (§ 91*) — Interstate Commerce Act — Action to Enforce Award of Commission — Pleading.</p> <p>An action may be maintained in a Circuit Court under Interstate Commerce Act Feb. 4, 1887, c. 104, § 16, 24 Stat. 384 (U. S. Comp. St. 1901, p. 3165), to enforce an order of the Interstate Commerce Commission awarding reparation to a shipper for an unlawful charge by a railroad company, where the complaint and the record show that the cause of action is the same as that acted on by the commission, which need not necessarily be set out in its order.</p> <p>[Ed. Note. — For other cases, see Commerce, Cent. Dig. § 143; Dec. Dig. § 91.*]</p> <p>. Et. Commerce (§ 95*) — Interstate Commerce Act — Action to Enforce Award of Commission — Evidence.</p> <p>In an action against a railroad company brought under Interstate Commerce Act Feb. 4, 1887, c. 104, § 16, 24 Stat. 384 (U. S. Comp. St. 1901, p. 3165), to enforce an order of the Interstate Commerce Commission, awarding reparation to a shipper, which is tried to the court, the admission in evidence of the report of the commission is not’ error, although it may contain irrelevant matter.</p> <p>[Ed. Note. — For othe