Southern Pacific Co. v. United States
Annotate this Case
272 U.S. 445 (1926)
U.S. Supreme Court
Southern Pacific Co. v. United States, 272 U.S. 445 (1926)
Southern Pacific Company v. United States
Argued October 6, 1926
Decided November 22, 1926
272 U.S. 445
1. Military impedimenta were shipped by the War Department by expedited service over a railroad which was bound by land grant acts to transport property of the United States "at rates not exceeding 50 percent of those paid by private shippers for the same kind of service." The railroad had no tariff for such service available to the public at large, but had filed with the Interstate Commerce Commission a special tariff for the government in such cases without land grant deductions. Held, (1) that no contract of the United States to pay the special tariff rate could be implied from the fact that the shipments were made when the special tariff was the only one applicable on file, in the absence of proof that the contracting officers then knew of that tariff; (2) that, the special tariff was filed without statutory authority; hence the officers were not chargeable, as a matter of law, with knowledge of it. P. 272 U. S. 447.
2. To recover in the Court of Claims the reasonable value of service rendered the government, the claimant must prove its value. P. 272 U. S. 448.
60 Ct.Cls. 662 affirmed.
Certiorari (270 U.S. 103) to a judgment of the Court of Claims rejecting the petitioner's claim on account of transportation service rendered to the United States.
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