Southern Pacific Co. v. Darnell-Taenzer Lumber Co.
Annotate this Case
245 U.S. 531 (1918)
U.S. Supreme Court
Southern Pacific Co. v. Darnell-Taenzer Lumber Co., 245 U.S. 531 (1918)
Southern Pacific Co. v. Darnell-Taenzer Lumber Company
Argued January 8, 9, 1918
Decided January 21, 1918
245 U.S. 531
The fact that one who paid unreasonable freight charges has shifted the burden by collecting from purchasers of the goods does not prevent him from recovering the overpayments from the carrier under an order of reparation made by the Interstate Commerce Commission. He is the proximate loser; his cause of action accrues immediately, without waiting for later events; the purchaser, lacking privity, cannot recover the illegal profits from the carrier; and, practically, to follow each transaction to its ultimate result would be endless and futile. Cases like Pennsylvania R. Co. v. International Coal Mining Co., 230 U. S. 184, involving damages for discrimination, are distinguished.
An objection that error will not lie in this case not decided, as the pending application for certiorari would be granted if the objection were held good.
Semble that cases brought under § 16 of the Act to Regulate Commerce, to enforce reparation orders, stand on peculiar ground as respects review by certiorari.
229 F. 1022 affirmed.
The case is stated in the opinion.
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