Patterson v. Louisville & Nashville R. Co.
269 U.S. 1 (1925)

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U.S. Supreme Court

Patterson v. Louisville & Nashville R. Co., 269 U.S. 1 (1925)

Patterson v. Louisville & Nashville Railroad Company

No. 221

Argued April 23-24, 1925

Decided October 12, 1925

269 U.S. 1

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT.

1. The power given the Interstate Commerce Commission by § 1 of the Act to Regulate Commerce, upon special application to prescribe the extent to which a carrier might be relieved from the operation of that section, containing the "long and short haul" clause, extended also to the "aggregate of intermediates" clause when that was added to the section by amendment of June 18, 1910. P. 269 U. S. 9.

2. Under the second proviso of § 4, a through rate, exceeding the aggregate of intermediates, if in effect on June 18, 1910, and then lawful, remained so, provided an application to suspend the operation of the section was duly made and was either allowed by the Commission or remained undetermined. P. 269 U. S. 11.

3. A through rate higher than the aggregate of intermediates is prima facie unreasonable, and, if unreasonably high, violates § 1 of the act despite the pendency of an application suspending the "aggregate of intermediates" clause. P. 269 U. S. 12.

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