State ex rel. Tacoma Eastern Railroad v. Public Service Commission

Citations

• 112 Wash. 629
• 192 P. 1079
• 1920 Wash. LEXIS 796

Syllabus

<p>Carriers (3-2)—Overcharges — Action to Recover — Conditions Precedent—Statutes. The public service commission has jurisdiction to consider a complaint for a refund of excess freight charges although it relates to transactions prior to the passage of the act of 1911 (Rem. Code, § 8626-91) providing that complaints for overcharges shall he filed with the commission.</p> <p>Appeal (477)—Decision—Scope op Decision in General. It cannot be claimed that a decision upholding the jurisdiction of the public service commission to entertain a complaint for overcharges, and denying the defense of the statute of limitations, was the deciding of questions not involved in the ease, where they were properly considered in the case and elaborately argued in the briefs manifestly to the end that an end should be.put to the controversy.</p> <p>Carriers (3-4)-—Contract—Overcharges—Decision op Commission—Appeal and Review. A decision of the public service commission in terms ordering a recovery for overcharges on complaint filed by a shipper, pursuant to Rem. Code, § 8626-91, and a judgment on certiorari affirming the same, are not final decisions on the merits reviewable in the courts; since they but give the shipper the right to sue on the award and are merely prima facie evidence of the facts stated.</p>