Meeker v. Lehigh Valley R. Co., 236 U.S. 434 (1915)

Meeker v. Lehigh Valley Railroad Company

No. 435

Argued October 13-14, 1914
Decided February 23, 1915
236 U.S. 434

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

Meeker & Co. v. Lehigh Valley R. Co., ante, p. 412, followed as to construction effect of the amendment to § 16 of the Act to Regulate Commerce and the Act of June 29, 1906, in regard to presentation of claims by shippers against carriers for damages by reason of unreasonable and excessive rates and discrimination, and that the attorney’s fee allowed for recovery of the amount awarded can only be for proceeding in court, and not on proceedings before the Commission.

A report of the Interstate Commerce Commission holding a rate excessive and declaring what would be a reasonable rate and a reparation order based thereon were properly admitted as prima facie evidence of the facts therein contained, although made in another and identical proceeding between the same parties, and which the Commission had power in its discretion to consolidate therewith, it also appearing that the carrier did not then object to its admission and the order recited that it was made after a full hearing on, and submission of, the issues in the proceeding in which it was made.

Harmless error constitutes no ground for reversal, and so held as to the presence of irrelevant matter in a report of the Interstate Commerce Commission which matter, while it should not have gone to the jury, did not prejudice respondent.

211 F. 785 reversed.

The facts, which involve the construction of §§ 1, 2 and 16 of the Act to Regulate Commerce and questions of discrimination, are stated in the opinion.