Missouri Pacific R. Co. v. United States, 271 U.S. 603 (1926)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 271 U.S. 583, click here.

Missouri Pacific Railroad Company v. United States


No. 280


Argued April 28, 1926
Decided June 7, 1926
271 U.S. 603

APPEAL FROM THE COURT OF CLAIMS

Syllabus

1. The Act of July 28, 1916, authorized the Interstate Commerce Commission to determine on a space basis the compensation to be paid railroads for transportation of mails in railway post office cars and for the service connected therewith, and to allow land grant roads only 80% of this compensation although part of the space in such cars by which such compensation is gauged is not occupied for mail matter, but is used for the distribution of mail on the trains. P. 606.

2. The obligation of land grant railroads, as espressed in granting acts passed in 1852 and 1853, to transport the mails at all times "under the direction of the Post Office Department at such price as Congress may direct," looked to the future and includes the furnishing of space in railway post office cars for distribution purposes as required in this case by the Department pursuant to the Act of July 28, 1916. P. 607.

59 Ct.Cls. 524, 60 id. 183, affirmed.

Appeal from a judgment of the Court of Claims dismissing on demurrer a petition of the railroad seeking additional compensation on account of space in railway post office cars used by post office employees in distributing mails.