Legal Opinion

Seaboard Air Line Railway v. United States

United States Court of Claims

Decided January 7, 1918No. 24915Published

The Reporter’s statement of the case: The facts of the case and the grounds of plaintiff’s motion are sufficiently set forth in the opinion of the court. As to each of the transactions upon which compensation is now claimed a ease is made for claimant when it is established that claimant (or its predecessor in title) carried the freights in question, upon the occasions described in the petition, and that no pay has been received with respect thereto.

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The Reporter’s statement of the case: The facts of the case and the grounds of plaintiff’s motion are sufficiently set forth in the opinion of the court. As to each of the transactions upon which compensation is now claimed a ease is made for claimant when it is established that claimant (or its predecessor in title) carried the freights in question, upon the occasions described in the petition, and that no pay has been received with respect thereto. The burden then shifts; if there were a lawful reason why this or that amount should have been withheld, the Government must show that, since…

1Opinion of the CourtDowNet, Judge

The plaintiff sues in this case for alleged underpayments on certain shipments of freights for the United States in the years 1898 and 1899. The freight movements in question were over the Southern Bailway Co. and the Florida Central & Peninsular Bailroad, some of them originating on the former road and terminating on the latter, and some entirely over the lines of the latter road. In all cases the Florida Central & Peninsular Bailroad Co. was either the sole or the final carrier. ■ In no case was the plaintiff herein the carrier. Such payments as were made, for all the shipments herein…

2Cases cited13 opinions

  1. Goodman v. NiblackSupreme Court of the United States · 1881
  2. Railroad Co. v. GeorgiaSupreme Court of the United States · 1879
  3. United States v. GillisSupreme Court of the United States · 1877
  4. Spofford v. KirkSupreme Court of the United States · 1878
  5. Price v. ForrestSupreme Court of the United States · 1899

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