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DAYTON COAL & IRON CO., LTD. V. CINCINNATI, N.O. & T.P. RY. CO., 239 U. S. 446 (1915)

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U.S. Supreme Court

Dayton Coal & Iron Co., Ltd. v. Cincinnati, N.O. & T.P. Ry. Co., 239 U.S. 446 (1915)

Dayton Coal & Iron Company, Limited v.

Cincinnati, New Orleans & Texas Pacific Railway Company

No. 81

Argued November 12, 1915

Decided December 20, 1915

239 U.S. 446

Syllabus

The highest court of the state is the ultimate judge of the extent of its jurisdiction, and unless a denial of federal rights is involved, its decision upon that subject is final and conclusive.

Where a carrier files a through joint rate with the Interstate Commerce Commission to take effect on a specified date thereafter and, prior to that date, the tariff is received and stamped by the connecting carrier, which thereafter receives freight under the schedule of the filed tariff, the rate becomes a joint one, and there can be no departure therefrom.

Permitting a shipper to make freight payments on the basis of a rate less than that specified in the filed tariff does not modify the right of the parties to insist upon the legal rate as filed and published.

Prior to the order of the Interstate Commerce Commission of May, 1907, requiring connecting carriers to accept joint rates specifically, formal acceptance was not necessary, and the receipt of the tariff and acceptance of freight thereunder was sufficient to put the joint rate into effect. chanroblesvirtualawlibrary

Page 239 U. S. 447

The facts, which involve the validity of tariffs of rates filed with the Interstate Commerce Commission by carriers and of charges made by such carriers, are stated in the opinion.





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