Grain and Farm Service Centers Volume 26
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911-01 edition. Excerpt: ... is not complaining that he paid or had to pay the full rate, or seeking to recover any portion of it back. but he is complaining that his proper obedience to the law still left him damaged by the carrier's negligence. Carrier Proper Source of Hate Quotallflm--C0ngress evidently intended that both shipper and carrier should know the rate. and the latter is required to keep it posted so the shipper may know it. Not having done so. it was proper for the shipper to apply to the proper source for information. and under the circumstances it seems but common sense and common fairness to say that he had a right to rely thereon, provided such relying in no way involved an infraction oi the law; and no decision thus far found makes it clear that, having complied with the federal statutes, he is restricted to a. complaint under or concerning them in a. national tribunal. His recovery cannot be construed into a. judicial invitation to bring similar actions, for we must presume that only in rare instances will such circumstances arise, but if they should, that is no reason why redress should be denied. Finally, it is urged that section 9 of the act of Feb. 4, 1887, c. 104, 24 Stat. 382 (U. S. Comp. St. 1901, p. 3159) withholds jurisdiction from state courts. This section provides that one claiming to be damaged by any common carrier ' ' ' may either make complaint to the Interstate Commerce Commission or sue in any district or circuit court of the United States of competent jurisdiction, but he may not do both. But the preceding section provides that for any act willfully done or omitted in violation of the statute in question, the party damaged may recover the full amount of damages sustained, together with a reasonable counsel or attorney's fee, ...
- 189 x 246 x 24mm | 839g
- 13 Sep 2013
- United States
- black & white illustrations