Tacoma Eastern Railroad v. Public Service Commission

Citations

• 117 Wash. 609
• 202 P. 1
• 1921 Wash. LEXIS 902

Syllabus

<p>Courts (35) — Previous Decisions as Controlling — Stare Decisis. Where the offer of a carrier to refund overcharges to shippers of lumber on the basis of a preferential rate given one shipper has been adopted as a rule by the public service commission and upheld by the courts in the case of all shippers similarly situated, the question has practically become stare decisis.</p> <p>Carriers (3-1) —Regulation — Overcharges — Powers or Public Service Commission. Where a carrier has agreed that a preferential tariff on carriage of freight shall apply to other shippers of the same commodity between points named, its published tariff is in effect replaced by a lower one, and a shipper who has been compelled to pay freightage according to the published tariff is damaged to the extent of the difference between the published tariff and the preferential rate accorded other shippers (Mackintosh, J., dissents),.</p>