News Syndicate Co. v. New York Central R. Co. - 275 U.S. 179 (1927)


U.S. Supreme Court

News Syndicate Co. v. New York Central R. Co., 275 U.S. 179 (1927)

News Syndicate Co. v. New York Central Railroad Company

No. 235

Argued October 5, 6, 1927

Decided November 21, 1927

275 U.S. 179

Syllabus

1. Where a railroad of the United States and a railroad of the Dominion of Canada unite in the publication of a joint through rate from a point within the Dominion of Canada to a point within the United States, the rate covering transportation both in Canada and in the United States, the Interstate Commerce Commission has jurisdiction, on complaint of a shipper or consignee made against the United States railroad alone, to determine the reasonableness of such joint through rate, for the ascertainment of damages. P. 275 U. S. 186.

2. Where a shipper or consignee of freight shipped to it at a destination in the United States from such point in the Dominion of Canada has paid at destination to the United States railroad the full published joint through freight rate thereon, the Interstate Commerce Commission, upon a finding by it that such joint through rate was unreasonable and unjust, but in the absence of a finding that the charges for the transportation insofar as it took place within the United States were unjust and unreasonable, has jurisdiction to make an order for the payment of damages to such shipper or consignee in the amount that the entire transportation charges on the basis of the joint through freight rate exceeded the charges which would have been assessed on the basis of the joint through freight rate found by the Commission to have been reasonable. P. 275 U. S. 187.

3. When the Interstate Commerce Commission has made such an order against the United States carrier alone for the payment of damages arising from its finding of the unreasonableness of such published joint through rate, a suit thereon can be maintained solely against the United States carrier. P. 275 U. S. 188.

4. An inquiry from the circuit court of appeals (Jud.Code § 239) which is not specific or confined to any distinct question or proposition of law need not be answered. P. 275 U. S. 188.

Page 275 U. S. 180

Response to questions propounded by the circuit court of appeals on review of a judgment from the district court dismissing a suit on a reparation order.

Page 275 U. S. 184



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