Keller v. Thornton Canning Co.

This ease turns on the shippers’ contention that because the carrier lacked a required permit from the Public Utilities Commission authorizing its operations as a radial highway common carrier, it could not file suit to recover the minimum rates that it should have charged. Following a trial on special defenses, the court entered judgment for the shippers; the carrier appeals. We have concluded that the policies and provisions of the Highway Carriers Act preclude the shippers’ defense to an action to recover the hauling tariff undercharges.

The original carrier involved in this matter was a…