Pittsburgh & Lake Erie R. R. v. South Shore R. R.

Citations

• 264 Pa. 162
• 107 A. 680
• 1919 Pa. LEXIS 613

Syllabus

<p>Railroads — Rates—Schedules—Interstate commerce — Intrastate commerce — Quantum meruit — Pennsylvania Public Service Commission — Interstate Commerce Commission — Jurisdiction—Act of Congress of June 29, 1906.</p> <p>1. Under the Act of Congress of June 29, 1906, relating to interstate commerce, the interstate carrier can neither recover freight charges nor pay the owner any allowance for services in connection with such transportation, except as provided in schedules previously filed.</p> <p>2. A railroad company owning a short line of tracks, which is a mere plant facility to a large steel company, engaged in the work of shifting and placing cars received from a railroad company operating interstate traffic, cannot recover compensation from such company for shifting interstate cars, where no schedule of rates has been promulgated as provided by the Act of Congress.</p> <p>3. Where the two companies had entered into an agreement that the work of shifting cars should be paid for in accordance with a schedule fixed by the line carrier, until the matter should be adjusted by the Interstate Commerce Commission, and it appears that the line carrier cancelled the agreement before the schedule was ever called to the attention of the commission, and that the schedule was for rates less than the value of the services, such cancellation does not oust the jurisdiction of the commission, which might still determine the validity of the cancellation, and pass upon the question of the allowance of past transactions.</p> <p>4. In case of cars received from the line carrier, which were engaged in merely State traffic, the agreement between the two companies did not oust the jurisdiction of the State courts, and recovery could be had on a quantum meruit against the line carrier as to such cars where payments made had been at the schedule rate which was less than the actual cost of the services.</p> <p>5. If the shifting company applies to the Pennsylvania Public Service Commissio