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ATCHISON, TOPEKA & SANTA FE RY. CO. V. ROBINSON, 233 U. S. 173 (1914)

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U.S. Supreme Court

Atchison, Topeka & Santa Fe Ry. Co. v. Robinson, 233 U.S. 173 (1914)

Atchison, Topeka & Santa Fe Railway Company v. Robinson

No. 450

Argued February 26, 1914

Decided April 6, 1914

233 U.S. 173

Syllabus

Where the state court, by its ruling, denies the carrier the benefit of the Interstate Commerce Act, a compliance wherewith was set up in the pleadings and supported by testimony, this Court has jurisdiction to review under § 237, Judicial Code.

The effect of the Carmack Amendment was to give to federal jurisdiction control over interstate commerce and to make federal legislation regulating liability for property transported by common carriers in interstate commerce exclusive.

The shipper, as well as the carrier, is bound to take notice of the filed tariff rates, and so long as they remain operative, they are, in the absence of attempts at rebating or false billing, conclusive as to the rights of the parties. Great Northern Ry. v. O'Connor, 232 U. S. 508.

An oral agreement cannot be given a prevailing effect which will be contrary to the filed schedules. To do so would open the door to special contracts and defeat the primary purpose of the Interstate Commerce Act to require equal treatment of all shippers and the charging to all of but one rate, and that the rate filed as required by the act.

36 Okl. 435 reversed.

The facts, which involve the construction of the Hepburn Act and of the Carmack Amendment, are stated in the opinion. chanroblesvirtualawlibrary

Page 233 U. S. 176





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