United States v. Merchants' & Miners' Transp. Co.

Citations

• 187 F. 363
• 1911 U.S. App. LEXIS 5399

Syllabus

<p>1. Carriers (§ 30*) — Interstate Commerce Act — Violation-—Freight Ratios —Failure to File-Defenses.</p> <p>Interstate Commerce Act Feb. 4, 1SS7, c. 10-1; § 6, 24 Stat. 380 (U. -S. Comp. St. 190J. p. 3156), as amended by Act .Tune 29, 1906, e. 3591, § 2, 34 Stat. 586 (IT. S. Comp. Si. Hupp. 1909. p. 1153), declares that every common carrier subject to the act shall file with the Interstate Commerce Commission and print, post, and keep open to public inspection schedules showing rates, fares, and charges for transportation between different points on its own route and points on the route of any other carrier by railroad, etc. Held, in a prosecution against certain interstate carriers for shipping certain freight at a 10-cent rale, when the published and filed rate was 15 cents per hundredweight, evidence that the 10-cent rate had been published by defendant's connections and sent “broadcast,” though not filed, was Inadmissible as a matter of defense, since the charging of a rate less than the tiled rate constitutes a concession to the shipper, in violation of the act, as a matter of law.</p> <p>[Ed. Note. — For other cases, see Carriers, Dec. Dig. § 30.*]</p> <p>2. Carriers (§ 30*) — Interstate Commerce — Rates—Knowledge.</p> <p>In a prosecution of an interstate carrier for shipping freight at a rate less than that filed with the Interstate Commerce Commission, defendant could not be heard to say that it did not know of the filed rate, which it had established in accordance with the law, as a justification for it» departure therefrom.</p> <p>[Ed. Note. — For other cases, see Carriers, Dec. Dig. § 30.*]</p>