Legal Opinion
Western Transportation Company v. Wilson and Company, Inc. And Wilson Foods Corporation
Court of Appeals for the Seventh Circuit
Decided July 12, 1982No. 82-1053PublishedCited by 79 opinions
1Opinion of the Court
POSNER, Circuit Judge.
A common carrier regulated by the Interstate Commerce Commission may not receive a different compensation for its services from the rate specified in the applicable tariff, 49 U.S.C. § 10761(a), and if by mistake it charges a lower rate it may sue under 28 U.S.C. § 1337 to recover the undercharge. E.g., Madler v. Artoe, 494 F.2d 323 (7th Cir. 1974). The carrier’s right to recover is quite unaffected by the usual limitations on contract actions based on mistake. “The shipment being an interstate one, the freight rate was that stated in the tariff filed with the Interstate…
2Cases cited11 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- Interstate Commerce Commission v. Atlantic Coast Line R.Supreme Court of the United States · 1966
6 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
- North Penn Transfer, Inc. v. Victaulic Co. of AmericaDistrict Court, E.D. Pennsylvania · 1994
- Leon White v. C. Vaughn RoughtonCourt of Appeals for the Seventh Circuit · 1982
- Atlantis Express, Inc. v. Standard Transportation Services, Inc.Court of Appeals for the Eighth Circuit · 1992
- Delta Traffic Service, Inc. v. Transtop, IncorporatedCourt of Appeals for the First Circuit · 1990
74 more not listed; retrieve them via the Exa API.