Legal Opinion

Southern Pacific Co. v. Frye & Bruhn, Inc.

Washington Supreme Court

Decided September 26, 1914No. 11730PublishedCited by 6 opinions

Appeal from a judgment of the superior court for King county, Pendergast, J., entered July 17, 1913, dismissing an action for money paid, after a trial on the merits to the court.

1Opinion of the CourtEllis, J.

The plaintiff is a common carrier, engaged in interstate commerce. The defendant is a corporation en*11gaged in the manufacture of packing house products, at Seattle, Washington. The action is in two counts, under the act of Congress to regulate commerce, approved February 4, 1887, to recover money paid by the plaintiff to the defendant which the plaintiff claims was, in effect, an illegal rebate on the legally established freight rates. The first count declares on a shipment of sheep which moved from Delano, California, to Seattle, Washington, on April 22, 1909, and demands $255.09, with…

2Cases cited29 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  3. Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894
  4. New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
  5. Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906

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3Cited by6 opinions

  1. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
  2. Southern Pacific Co. v. FishCalifornia Court of Appeal · 1958
  3. Oregon-Washington Railroad & Navigation Co. v. Seattle Grain Co.Washington Supreme Court · 1919
  4. National Elevator Co. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1917
  5. W. L. Shepherd Lumber Co. v. Atlantic Coast Line R.Supreme Court of Alabama · 1927

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