CARRIERS - DAMAGES FROM PREFERENTIAL RATES

Authors

Abstract

The Interstate Commerce Commission held that defendant railroad was discriminating against complainants in forcing them to pay the blanket rate for lumber dealers plus a short-line charge, and made an order to "cease and desist," but further held that the record would not support an award of damages, The Supreme Court of the District of Columbia refused a mandamus to compel the Commission .to award damages, but on appeal the Court of Appeals held that the writ should issue. On certiorari from the United States Supreme Court, held, judgment of Court of Appeals reversed and petition for mandamus denied since a finding by the Commission of undue prejudice was not inconsistent with a denial of reparation inasmuch as damages resulting from discrimination must be definitely proved and do not automatically flow from a finding of undue prejudice. lnterstate Commerce Commission v. United States ex rel. Campbell, (U. S. 1933) 53 Sup. Ct. 607.

Recommended Citation

CARRIERS - DAMAGES FROM PREFERENTIAL RATES, 32 Mich. L. Rev. 97 (1933).
Available at: https://repository.law.umich.edu/mlr/vol32/iss1/11