Lehigh Valley R. v. Clark

Citations

• 207 F. 717
• 125 C.C.A. 235
• 1913 U.S. App. LEXIS 1654

Syllabus

<p>1. Commerce (§ 91*)—Interstate Commerce Commission—Award of Damages —Action.</p> <p>A suit brought by one in whose favor the Interstate Commerce Commission has made an award of damages by way of reparation, under the authority of Interstate Commerce Act Fob. 4, 1887, c. 104, § 16, 24 Stat. 384, as amended by Act March 2, 1889, c. 382, § 5, 25 Stat. 859, and Act June 29, 1906, c. 3591, § 5, 34 Stat. 590 (U. S. Comp. St. Supp. 1911, p. 1301), is not a suit on the award, qua award, to recover the amount of the same, but a plenary suit for damages actually sustained by the plaintiff by reason of the violation of the act as conclusively found by the Commission, and he must prove facts from which defendants’ liability may he.properly inferred, and not merely conclusions of the Commission from facts.</p> <p>FKd. Note.—For other cases, see Commerce, Cent. Dig. § 143; Dec. Dig. § 91.* I</p> <p>2. Commerce (§ 95*)—Interstate Commerce Commission—Award of Damages.</p> <p>The procedure contemplated by the act, which provides that the suit shall proceed like other civil suits for damages, is a jury trial, unless waived, accompanied by the usual safeguards furnished by a proper application of tile principles of evidence, with the exception that, as provided, the findings and order of the Commission are admissible as prima ' facie evidence “of the facts therein stated,” which must be sufficiently clear and definite to advise the defendant of the violations charged.</p> <p>LEd. Note.—For other cases, see Commerce, Cent. Dig. § 145; Dec. Dig. § 95.*]</p> <p>3. Commerce (§ 95*)—Interstate Commerce Commission—Award of Damages.</p> <p>It does not -follow, from a finding l>y the Commission that a given tariff rate established by an interstate carrier is unreasonable and that a lower rate fixed by the Commission is reasonable, that plaintiff lias suffered pecuniary damage by reason of the exaction of the former rate, nor, if so, that the measure of such damage is the difference between