McaDams v. Wells, Fargo & Co.

Citations

• 13 Tiess. 81

Syllabus

<p>Syllabus.</p> <p>1. The operation of an express rate by the Railroad Commission is not suspended during the pendency of -an ordinary suit, wherein no injunction or like relief is sought or secured, instituted by the carrier to test the validity of the rate under authority of Articles 285 and 286 of the Constitution of 1898 as amended on April 28, 1908, (Act 15 of 1907, E. S.). ■ '</p> <p>2. The adoption by the Railroad Commission of a general tariff of express rates applicable to all classses of commodities and shipments between all points within the State, and which supersedes a special tariff of several years standing fixing a lower rate on local shipments of a particular commodity, is no proof that the latter rate was unreasonable and consequently invalid.</p>