United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lowden v. Simonds-Shields-Lonsdale Grain Co., 306 U.S. 516 (1939)

Lowden v. Simonds-Shields-Lonsdale Grain Co.

No. 342

Argued January 30, 31, 1939

Decided March 27, 1939

306 U.S. 516

Syllabus

1. Upon the facts of this case, held that, within the meaning of a tariff provision, there were "prior arrangements" covering "a specified period of time," between a shipper and the railroad for the installation of grain doors in cars furnished to the shipper, and that the shipper was liable for the tariff charge for such service. P. 306 U. S. 520.

2. A shipper cannot escape liability to pay lawful tariff charges for carrier service by disclaiming liability when ordering it; nor can the carrier lawfully yield to such disclaimer. Id.

Involuntary rebates from tariff rates should be viewed with the same disapproval as voluntary rebates.

3. Where, after the commencement of a suit by a railroad to recover from a shipper a tariff charge of $1.00 per car for a service rendered, the Interstate Commerce Commission determined that a charge higher than 60¢ per car for such service was unreasonable and authorized reparations accordingly, the railroad was entitled to recover upon its claim reduced pro tanto. P. 306 U. S. 521.

97 F.2d 816 reversed.

Page 306 U. S. 517

Certiorari, 305 U.S. 587, to review the affirmance of a judgment in favor of the shipper, 18 F.Supp. 438, in a suit brought by the trustees of a railroad company to recover for carrier services.