Gulf & S. I. R. v. Buddendorft

Citations

• 110 Miss. 752
• 70 So. 704

Syllabus

<p>1. Commerce. Interstate commerce commission. Jurisdiction of courts. Action for discrimination. State anti-trust law. Wharves. Discrimination in use.</p> <p>Since only those matters must first come before the interstate commerce commission which involve administrative functions, such as rates, switching facilities, the rate of distribution of cars, and similar questions of practice, the .commission does not first have to pass upon those questions which constitute a violation or denial of unquestioned legal duties of giving service as a common carrier per se; and so an action for damages for discrimination in facilities on a wharf, the terminus of a railroad, need not be brought before the commission before suit in. the state courts.</p> <p>2. Interstate Commerce Commission. Jurisdiction of courts. State. Anti-irust laws.</p> <p>Where the complaint in a state court is based on a conspiracy to monopolize a business contrary to the state anti-trust law, precedent action by the interstate commission is not required.</p> <p>3. Wharves. Discrimination in use.</p> <p>When a railroad built a wharf at its terminal at the foot of a public street under a charter given by the city such a wharf was private property, and it was not discrimination to lease a portion of the wharf to one ship broker for storage of parcel freight, to the exclusion of another ship broker, the other portion of the wharf being used for general merchandise, and all being given equal terms and rates, and adequate facilities for receiving being provided for at such wharf.</p> <p>4. Same.</p> <p>In view of the fact that the railroad company had the right to-carry on this business in the manner in which it was carried on through its own servants, it likewise had the right to carry on the same business in the same way through the agency of another.</p>