Crancer v. Lowden, 315 U.S. 631 (1942)

Crancer v. Lowden

No. 505

Argued March 3, 4, 1942
Decided March 16, 1942
315 U.S. 631

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

1. In an action by a carrier to recover the difference between the charges collected on a shipment and the charges which should have been collected under the tariff, where the question is merely whether the goods were of such character as to come within one tariff category allowing the rate paid by the shipper or another category exacting a higher rate, an opinion of the Interstate Commerce Commission on the same question of classification in another case may properly be admitted by the District Court as evidence of the meaning and application of the tariff. P. 634.

2. In such an action, it is not incumbent upon the court to await the outcome of a proceeding before the Commission between the same parties putting in question the reasonableness of the rates charged but not the classification of the goods. P. 635.

3. A shipper who is obliged in an action by the carrier to pay charges which conform to the tariff but are unreasonable has the remedy of reparation if the Interstate Commerce Commission finds the rate unreasonable and requires that the tariff be modified accordingly. P. 636.

121 F.2d 645 affirmed.

Certiorari, 314 U.S. 595, to review the affirmance of a judgment recovered by the respondents against the petitioners in an action based on undercharges for transportation of freight by a railway.