Baltimore & Ohio R. Co. v. Brady, 288 U.S. 448 (1933)

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Baltimore & Ohio Railroad Co. v. Brady

No. 526

Argued February 14, 15, 1933
Decided March 13, 1933
288 U.S. 448

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

1. A suit by a shipper for damages resulting from discrimination practiced by a carrier in violation of its rule for coal car distribution in time of shortage, which does not challenge the reasonableness or validity of the rule itself, may be maintained under § 9 of the Interstate Commerce Act without action or finding by the Commission. P. 455.

2. But if the shipper elects under § 9 to proceed first before the Commission, and secures an order for reparation which he sues to enforce under § 16(2), he is bound by the Commission’s award, and cannot claim more upon the ground that the Commission erred as a matter of law in reducing damages. P. 456.

3. The fact that the Act merely makes the findings and report of the Commission prima facie evidence, and so preserves the defendant’s right to contest the award, gives no support to the contention that the award does not bind the plaintiff. P. 458.

4. Facts alleged held sufficient to show unlawful discrimination in distribution of coal cars and sufficient to sustain judgment for the amount of the award, together with interest, costs, and a reasonable attorney’s fee to be taxed and collected as a part of the costs of the suit. P. 459.

61 F.2d 242 reversed.

Certiorari, 287 U.S. 596, to review the affirmance of a judgment in a suit to enforce an award by the Interstate Commerce Commission.