Dayton Coal & Iron Co. v. Cincinnati, New Orleans & Texas Pacific Railway Co.

Citations

• 239 U.S. 446
• 36 S. Ct. 137
• 60 L. Ed. 375
• 1915 U.S. LEXIS 1436

Syllabus

<p>The highest court of the State is the ultimate judge of the extent of its jurisdiction; and, unless a denial of Federal rights is involved, its decision upon that subject is final and conclusive.</p> <p>Where a carrier files a through joint rate with the Interstate Commerce Commission to take effect on a specified date thereafter and prior to that date the tariff is received and stamped by the connecting carrier, which thereafter receives freight under the schedule of the filed tariff, the rate becomes a joint one and there can be no departure therefrom.</p> <p>Permitting a shipper to make freight payments on the basis of a rate ' less than that specified in the filed tariff does not modify the right of the parties to insist upon the legal rate as filed and published!</p> <p>Prior to the order of the Interstate Commerce Commission of May, 1907, requiring connecting carriers to accept joint rates specifically, formal acceptance was not necessary, and the receipt of the tariff and acceptance of freight thereunder was sufficient to put the joint rate into effect.</p>