Great Northern Ry. Co. v. Merchants Elevator Co.,
259 U.S. 285 (1922)

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U.S. Supreme Court

Great Northern Ry. Co. v. Merchants Elevator Co., 259 U.S. 285 (1922)

Great Northern Railway Company v. Merchants Elevator Company

No. 202

Argued April 18, 1922

Decided May 29, 1922

259 U.S. 285


When, in an action by a shipper to recover charges exacted by a carrier under an interstate tariff, the rights of the parties depend entirely upon a legal construction of the tariff, involving no question of fact either in aid of the construction or in other respect, and no question of administrative discretion, the courts have jurisdiction without preliminary resort to the Interstate Commerce Commission. P. 259 U. S. 289. Texas & Pacific Ry. Co. v. American Tie &

Page 259 U. S. 286

Timber Co., 234 U. S. 138; Loomis v. Lehigh Valley R. Co., 240 U. S. 43, and other cases, distinguished.

147 Minn. 251 affirmed.

Certiorari to a judgment of the Supreme Court of Minnesota affirming a judgment for the plaintiff in a suit by the present respondent to recover overcharges from the petitioner Railway Company.

Page 259 U. S. 288

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