A railroad company in Wisconsin cannot recover for the
transportation of property more than the maximum fixed by the act
of that State of March 11,1874, by showing that the amount charged
was no more than a reasonable compensation for the services
MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The only question presented by this record is whether a railroad
company in Wisconsin can recover for the transportation of property
more than the maximum fixed by the act of March 11, 1874, by
showing that the amount charged was no more than a reasonable
compensation for the services rendered.
What we have already said in Peik v. Chicago &
Northwestern Railway Company
and Lawrence v. Same,
p. 94 U. S. 164
applicable to this case. As between the company and a freighter,
there is a statutory limitation of the charge for transportation
actually performed. If the company should refuse to carry at the
prices fixed, and an attempt should be made to forfeit its charter
on that account, other questions might arise, which it will be time
enough to consider when they are presented. But for goods actually
carried, the limit of the recovery is that prescribed by the
MR. JUSTICE FIELD and MR. JUSTICE STRONG dissented.