Portland Cattle Loan Co. v. Oregon Short Line R.
Court of Appeals for the Ninth Circuit
Ju Error to the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Action In the Oregon Short Line Railroad Company, a corporation, against the Portland Cattle Loan Company. There was a judgment for plaintiff (245 Fed. 214), and defendant brings error.
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Ju Error to the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Action In the Oregon Short Line Railroad Company, a corporation, against the Portland Cattle Loan Company. There was a judgment for plaintiff (245 Fed. 214), and defendant brings error. Writ of error is brought to review a judgment whereby the railroad company recovered a balance of freight charges alleged to be due it by the cattle company for the transportation of a trainload of cattle from Hereford. Tex., to destinations in Idaho and Montana. Hereford is a station on the Pecos &…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] The rate filed, whatever it is, is the only lawful charge, for, as has been said by the Supreme Court in L. & N. R. R. v. Maxwell, 237 U. S. 94, 35 Sup. Ct. 494, 59 L. Ed. 853, L. R. A. 1915E, 665:
“Ignorance or misquotation of rates is not an excuse for paying or charging either less or more than the rate filed. This rule is undeniably strict, and it obviously may work hardship in some cases, but it embodies the policy which has been adopted by Congress in the regulation of interstate commerce in order to prevent unjust discrimination.”
• [2,3] The…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
3Cited by5 opinions
- Pillsbury Flour Mills Co. v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- McCaffrey Bros. v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1926
- Updike Grain Corp. v. St. Louis & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1931
- Lothrop v. Spokane, P. & S. Ry. Co.District Court, D. Oregon · 1926
- Portland Feeder Co. v. Oregon Short Line R.Court of Appeals for the Ninth Circuit · 1918