Texas & Pacific Railway Co. v. American Tie & Timber Co.
Citations
- 234 U.S. 138
- 34 S. Ct. 885
- 58 L. Ed. 1255
- 1914 U.S. LEXIS 1135
Syllabus
<p>Whether a class tariff includes a particular commodity is a controversy primarily to be determined by the Interstate Commerce Commission in the exercise of its power concerning tariffs and the authority to regulate conferred upon it by the Act to Regulate Commerce. The courts may not, as an original question, exert authority over subjects which primarily come within the jurisdiction of the Interstate Commerce Commission. •</p> <p>Whether crossties are or are not lumber and therefore within the tariffs filed for the latter is a question on which there is great diversity of opinion even among experts upon the subject, and one that should be determined in the first instance by the Interstate'Commerce Commission.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- the question of whether the word “lumber” as used in a carrier’s tariff included oak railroad crossties required referral to the Commission
- the question of whether the word “lumber” as used in a carrier’s tariff included oak railroad cross-ties required preliminary referral to the Commission
Source: CourtListener parenthetical corpus (CC0).
Judges: White, Pitney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.