Black v. Southern Pac. Co.
Oregon Supreme Court
From Multnomah: "William N. Gatens, Judge. Department 1. This action was brought to recover alleged excess freight charges paid to the Southern Pacific Company for transporting fifty-five carloads of pickled fish, over its lines and connections, from California to New York.
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From Multnomah: "William N. Gatens, Judge. Department 1. This action was brought to recover alleged excess freight charges paid to the Southern Pacific Company for transporting fifty-five carloads of pickled fish, over its lines and connections, from California to New York. The shipments were made on and between May 7, 1910, and June 25, 1912. The two following tariff provisions, having been published, posted, and filed with the Interstate Commerce Commission, were in effect from March 22, 1910, to August 19, 1912: “Fish, salted and pickled, (including Caviar), under refrigeration, subject to…
1Opinion of the CourtHarris, J.
The main question for decision is whether the shipments were covered by the 85 cent rate or by the $1 rate. The contention of the plaintiff is clearly stated in his brief in the following language :
*536“The plaintiff herein maintains that at the time of these shipments when he presented for shipment a minimum of 40,000 lbs., he was entitled to an 85 cent rate and if he demanded refrigeration, he was entitled to have same forwarded under refrigeration by the payment of the additional sum of $70 per car. * * A fair interpretation of the tariff therefore as extant when the shipments were made, was…
2Cases cited3 opinions
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Arment v. Yamhill CountyOregon Supreme Court · 1896
- Oregon R. & N. Co. v. CoolidgeOregon Supreme Court · 1911
3Cited by1 opinion
- Oregon-Wash. R. & N. Co. v. Cascade Contract Co.Oregon Supreme Court · 1921