Lowden v. Simonds-Shields-Lonsdale Grain Co., 306 U.S. 516 (1939)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Lowden v. Simonds-Shields-Lonsdale Grain Co., 306 U.S. 516 (1939)
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Lowden v. Simonds-Shields-Lonsdale Grain Co. No. 342 Argued January 30, 31, 1939 Decided March 27, 1939 306 U.S. 516
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. Upon the facts of this case, held that, within the meaning of a tariff provision, there were "prior arrangements" covering "a specified period of time," between a shipper and the railroad for the installation of grain doors in cars furnished to the shipper, and that the shipper was liable for the tariff charge for such service. P. 520.
2. A shipper cannot escape liability to pay lawful tariff charges for carrier service by disclaiming liability when ordering it; nor can the carrier lawfully yield to such disclaimer. Id.
Involuntary rebates from tariff rates should be viewed with the same disapproval as voluntary rebates.
3. Where, after the commencement of a suit by a railroad to recover from a shipper a tariff charge of $1.00 per car for a service rendered, the Interstate Commerce Commission determined that a charge higher than 60¢ per car for such service was unreasonable and authorized reparations accordingly, the railroad was entitled to recover upon its claim reduced pro tanto. P. 521.
97 F.2d 816 reversed.
Certiorari, 305 U.S. 587, to review the affirmance of a judgment in favor of the shipper, 18 F.Supp. 438, in a suit brought by the trustees of a railroad company to recover for carrier services.
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Chicago: U.S. Supreme Court, "Syllabus," Lowden v. Simonds-Shields-Lonsdale Grain Co., 306 U.S. 516 (1939) in 306 U.S. 516 306 U.S. 517. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=1MHU4ENX9HDMVPR.
MLA: U.S. Supreme Court. "Syllabus." Lowden v. Simonds-Shields-Lonsdale Grain Co., 306 U.S. 516 (1939), in 306 U.S. 516, page 306 U.S. 517. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1MHU4ENX9HDMVPR.
Harvard: U.S. Supreme Court, 'Syllabus' in Lowden v. Simonds-Shields-Lonsdale Grain Co., 306 U.S. 516 (1939). cited in 1939, 306 U.S. 516, pp.306 U.S. 517. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=1MHU4ENX9HDMVPR.
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