Great Northern Ry. Co. v. Merchants Elevator Co., 259 U.S. 285 (1922)

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Great Northern Railway Company v. Merchants Elevator Company


No. 202


Argued April 18, 1922
Decided May 29, 1922
259 U.S. 285

CERTIORARI TO THE SUPREME COURT
OF THE STATE OF MINNESOTA

Syllabus

When, in an action by a shipper to recover charges exacted by a carrier under an interstate tariff, the rights of the parties depend entirely upon a legal construction of the tariff, involving no question of fact either in aid of the construction or in other respect, and no question of administrative discretion, the courts have jurisdiction without preliminary resort to the Interstate Commerce Commission. P. 289. Texas & Pacific Ry. Co. v. American Tie &Timber Co., 234 U.S. 138; Loomis v. Lehigh Valley R. Co., 240 U.S. 43, and other cases, distinguished.

147 Minn. 251 affirmed.

Certiorari to a judgment of the Supreme Court of Minnesota affirming a judgment for the plaintiff in a suit by the present respondent to recover overcharges from the petitioner Railway Company.