A railroad company which made out and presented freight bills to
the government for net transportation charges after making land
grant deductions, and accepted without protest payment of the
amount so claimed,
held not entitled to recover upon the
ground that the government should not have been allowed the
deductions.
58 Ct.Cls. 33 affirmed.
Appeal from a judgment of the Court of Claims rejecting the
Railroad's claim for transportation of freight.
MR. JUSTICE BUTLER delivered the opinion of the Court.
Appellant brought this action October 29, 1917, to recover the
amounts by which freight charges on certain materials transported
over its railroad were reduced by the application of government
land grant rates. All the freight was transported on government
bills of lading, and moved in whole or in part by the use of
appellant's land-aided lines of railroad. The shipments, including
coal, sand, cement, piling, and lumber, were made in the years 1909
to 1916, inclusive. Some of appellant's lines of railroad were
constructed by the aid of land granted by an Act of Congress of May
12, 1864, § 3, c. 84, 13 Stat. 73.
See Lake Superior &
Mississippi R. Co. v. United States, 93 U. S.
442; Act of August 5, 1882, c. 390, 22 Stat. 261. The
appellant deemed the United States to be entitled to have its
property transported over such
Page 267 U. S. 404
lines at 50 percent of the tariff rates. Two of appellant's
lines of railroad in Minnesota were constructed by the aid of land
granted by an Act of Congress of July 4, 1866, § 3, c. 168, 14
Stat. 88. Appellant made no charges for the shipments that moved
over these lines. Appellant alleged that, when it received and
transported such freight, it believed it belonged to the United
States, and had no intimation that the shipments were private
property until the latter part of 1916. The Court of Claims held
that all the shipments belonged to the United States, and that it
was entitled to transportation of its property at 50 percent of the
tariff rates on the aided lines first above referred to, and to
free transportation on those last mentioned, and found that it was
not shown whether appellant was informed as to the title to the
property.
The court further found that, in every instance, appellant made
out and presented freight bills to the government for the net
charges after making proper land grant deductions, and that the
payment of the full amount so claimed was made and accepted without
protest. Appellant is not entitled to recover.
Louisville &
Nashville R. Co. v. United States, ante, p.
267 U. S. 395, and
cases cited.
Judgment affirmed.