Cowden v. Pacific Coast Steamship Co.

Citations

• 94 Cal. 470
• 18 L.R.A. 221
• 29 P. 873
• 1892 Cal. LEXIS 710

Syllabus

<p>Admiralty Jurisdiction — Discrimination in Freight Rates—Action for Damages. —- An action to recover damages for a discrimination in freight rates by a common carrier of freight by vessel between San Francisco and San Diego, via the Pacific Ocean, is within the exclusive admiralty jurisdiction of the federal courts, and the state superior court has no jurisdiction of such action, whether it be considered as one of contract or of tort, if no common-law cause of action is stated.</p> <p>Id. —Voyage upon High Seas — Control of Congress. —The voyage of a carrier, made upon the high seas, even though the ports of departure and destination are in the same state, is under the exclusive control and and regulation of Congress. It is only the internal commerce and navigation of a state that is under the control and regulation of the state.</p> <p>Id. — Common-law Cause of Action — Insufficient Pleading — Excessive Charge—Discrimination.—A complaint in an action by a shipper against a carrier, which substantially alleges that for the same quantity and character of freight the plaintiff was charged a greater amount for transportation from the same point than another merchant, but which does not allege that the charge to the plaintiff was unreasonable and excessive, does not state a cause of action at common law, and an allegation of' discrimination or inequality is not the equivalent of an allegation of an excessive charge.</p> <p>Id. — Common-daw Dimr of Carrier—Reasonable Charge — Evidence. ■—Under the common law, a carrier is under no obligation to treat all customers equally, but he may carry for favored individuals at an unreasonably low rate, or even gratis, the law requiring only that he shall not charge any more than is reasonable. The fact that the carrier charges others less is only evidence tending to show that the charge is unreasonable.</p>