Delaware, Lackawanna & Western Railroad v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The case is stated in the opinion.
1Opinion of the CourtJustice Holmes
This is a petition to recover additional pay for the carriage of the mails upon two routes from July 1, 1907, to July 1, 1909 — the claimant alleging and the United States denying that it had contracts at fixed rates for four years from July 1, 1905. The Court of Claims, without stating in terms what the contracts were, set forth the transactions that fixed the relations of the parties, and rejected the claims. Under the statutes in force at the time a maximum price per mile was fixed with reference to the average weights carried by the railroad. This average was ascertained by weighing the…
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