Great Northern Railway Co. v. Sullivan, 294 U.S. 458 (1935)

Great Northern Railway Co. v. Sullivan

No. 499

Argued February 14, 15, 1935
Decided March 4, 1935
294 U.S. 458

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

1. Where shipments originating in Canada moved to delivery points in the United States on combination through rates, an award of reparation based on a finding by the Interstate Commerce Commission that the proportional rate for that part of the route from the international boundary to destination was unjust and unreasonable in violation of the Act cannot be sustained in the absence of claim or finding that the through rate was unreasonable. P. 462.

2. Where a through rate is just and reasonable, there is no damage to the shipper as a result of a participating carrier receiving an undue proportion of the charges. P. 463.

72 F.2d 587 reversed.

Certiorari, 293 U.S. 551, to review a judgment affirming a judgment of the District Court in a proceeding to enforce an award of reparation by the Interstate Commerce Commission. 142 I.C.C. 543.