C. L. Merrick Co. v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, .Burleigh County, W. Q. Crawford, J. From a judgment in defendant’s favor, plaintiff appeals. • The rate established in the manner prescribed by law is the lawful rate until it is set aside upon further evidence as the result of greater experience in applying it, and if then modified, it can only affect subsequent transactions. Wilcox v. Consolidated Gas Co. 212 TI. S. 19-52, 53 L. ed. 382-400, 48 L.R.A.(N.S.) 1134, 29 Sup. Ct. Rep. 192, 15 Ann.
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Appeal from District Court, .Burleigh County, W. Q. Crawford, J. From a judgment in defendant’s favor, plaintiff appeals. • The rate established in the manner prescribed by law is the lawful rate until it is set aside upon further evidence as the result of greater experience in applying it, and if then modified, it can only affect subsequent transactions. Wilcox v. Consolidated Gas Co. 212 TI. S. 19-52, 53 L. ed. 382-400, 48 L.R.A.(N.S.) 1134, 29 Sup. Ct. Rep. 192, 15 Ann. Cas. 1034. A rate fixed by the legislature shall remain in effect until a decision by the court. Reagan v. Farmers’ Loan…
1Opinion of the Court
Fisk, Ch. J.
Plaintiff seeks to recover a sum alleged to have been wrongfully exacted from it in excess of the legal rate for hauling lignite coal between July 1, 1907, and March 5, 1910.
Defendant had judgment in the lower court and plaintiff appeals. The facts are not in dispute, and, as found by the trial court, are as follows, omitting the first two findings relating to the corporate capacity of the parties:(3) That between the first day of July, 1907, and the first day of March, 1910, the defendant received and transported for the plaintiff a considerable number of carloads of coal within…
2Cases cited10 opinions
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
- Des Moines Gas Co. v. City of Des MoinesSupreme Court of the United States · 1915
- Missouri Rate CasesSupreme Court of the United States · 1913
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3Cited by2 opinions
- Minneapolis, St. Paul, & Sault Ste. Marie Railway Co. v. Washburn Lignite Coal Co.North Dakota Supreme Court · 1918
- Minneapolis, St. Paul, & Sault Ste. Marie Railway Co. v. Washburn Lignite Coal Co.North Dakota Supreme Court · 1918