Gamble-Robinson Commission Co. v. Chicago & N. W. Ry. Co.

Citations

• 168 F. 161
• 21 L.R.A.N.S. 982
• 1909 U.S. App. LEXIS 4432

Syllabus

<p>1. CARRIERS (§ 32*) — INTERSTATE COMMERCE ACT — NO DISCRIMINATION BY Demand of Prepayment of Charges.</p> <p>An interstate carrier does not subject a consignee to an undue or unreasonable prejudice or disadvantage under section 3 of the interstate com-merco act (Act Feb. 4, 1887, c. 104, 24 Stat. 380 [U. S. Comp. St. 1901, p. 3155]) by exacting, after due notice to it, the prepayment of charges for transportation of all property consigned to it, while it does not require such charges to be paid in advance upon freight consigned to others similarly situated.</p> <p>LEd. Note. — For other cases, see Carriers, Cent. Dig. § 84; Dec. Dig. § 32.*]</p> <p>2. Carriers (§ 82*) — Interstate Commerce Act Prohibits Undue and Unreasonable Prejudices and Disadvantages Only.</p> <p>The interstate commerce act (Act Feb. 4, 1887, c. 304, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154]) does not prohibit the giving of all preferences and advantages, or the production of all prejudices and disadvantages, but only those that are undue and unreasonable.</p> <p>[Ed. Note. — For other cases, see Carriers, Cent. Dig. § 84; Dec. Dig. § 32.*]</p> <p>S. Carriers (§ 32*) — Same—Carrier may Exercise Common-Daw Rights Save as Prohibited by Interstate Commerce Act.</p> <p>A common carrier has the right under the common law to demand the prepayment of charges for freight of one, and to give credit for them to another similarly situated.</p> <p>An interstate common carrier is free to exercise all his rights under the common law to the full extent to which such exercise has not been made unlawful by the interstate commerce act (Act Feb. 4, 1887, e. 104, 24 Stat. 879 [U. S. Comp. St. 1901, p. 3154]).</p> <p>[Ed. Note. — For other cases, see Carriers, Cent. Dig. § 84; Dee. Dig. § 32.*]</p> <p>4. Carriers (§ 32*) — Bad Motive for Lawful Act Creates No Cause of Action.</p> <p>The fact that a carrier, for the purpose of injuring the business of a consignee, or harassing it, subjects it to a prejudice or