Montpelier & W. R. R. R. v. United States

Citations

• 187 F. 271
• 109 C.C.A. 532
• 1911 U.S. App. LEXIS 4510

Syllabus

<p>Carriers (§ 32*) — Interstate Commerce Act — Receiving Rebates — Criminal Liability.</p> <p>Defendant operated a line of railroad from Montpelier to Wells River, in Vermont, a distance of 39 miles. By a joint tariff, to which it was a party, the rate on coal from a point in Pennsylvania to Montpelier was fixed at $3.55 per ton, and to all other points on its line at $3.80, of which it received 75 cents as its share. The published rules also provided that, where the point of destination of a shipment was between any two points named in the schedules, the rate should be the same as to the next more distant point named. Held, that the tariff rate to Montpelier should be construed as applying to the station in that city, and that where defendant received coal for its_ own use, which it received at such station and hauled over its own line to a chute between that and the next station, although within the limits of the city, the fact that it had the coal billed at the $3.80 rate and took its divisional share thereof did not render it subject to prosecution for receiving a rebate, in violation of Interstate Commerce Act Feb. 4, 1887, c. 104, 24 Stat. 382 (U. S. Comp. St. 1901, p. 3160), as amended by Act Feb. 19, 1903, c. 708, 32 Stat. 847 (U. S. Comp. St. Supp. 1909, p. 1138).</p> <p>|Ed. Note. — For other cases, see Carriers, Dec. Dig. § 32.*]</p>