Lehigh Valley R. Co. v. United States, 243 U.S. 444 (1917)

Lehigh Valley Railroad Company v. United States


No. 124


Argued March 23, 1917
Decided April 9, 1917
243 U.S. 444

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Forwarders who, under contract with importers of goods, look after the transportation from origin abroad to destination in this country, charging the owners amounts agreed upon in advance for the transportation and the services rendered and consigning the goods in their own names to themselves as consignees, are the shippers of the goods so far as concerns their relations with the interstate carrier over whose line the consignments go.

Any allowance by the interstate carrier to the forwarder in reduction of the regular tariff rates on goods shipped by the forwarder over the carrier’s line, whether it be by deducting a percentage of the freight or by commissions and salary from carrier to forwarder, is condemned by § 6 of the Act to Regulate Commerce, as amended by the Act of June 29, 1906, c. 3591, § 2, 34 Stat. 586, 587, and also, semble, by § 2 of the original act, c. 104, 24 Stat. 379.

Services rendered by the forwarder to the carrier in maintaining offices, advertising the railroad, and soliciting traffic over it are not services connected with the transportation for which an allowance may be made by the carrier under § 15 of the Act to Regulate Commerce, as amended by the Act of June 29, 1906, supra, § 4, 34 Stat. 589. Interstate Commerce Commission v. Peavey & Co., 222 U.S. 42, distinguished.

222 F. 685 affirmed.

The case is stated in the opinion.