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OREGON-WASHINGTON R. & NAVIGATION CO. V. UNITED STATES, 255 U. S. 339 (1921)

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U.S. Supreme Court

Oregon-Washington R. & Navigation Co. v. United States, 255 U.S. 339 (1921)

Oregon-Washington Railroad & Navigation Company v. United States

No. 134

Argued January 13, 1921

Decided March 7, 1921

255 U.S. 339

Syllabus

1. Personal property of army officers, transported for them, when changing stations, on government bill of lading at government expense, pursuant to army regulation is not property of the United States within the meaning of the railroad land grant acts, and is not entitled to the special freight rates which those acts allow to the government. P. 255 U. S. 344.

2. Where a railroad company for a long period, exceeding the period of the statute of limitation, made a uniform practice of charging on its books and billing and collecting the reduced land grant rates for transportation of property of army officers on which it was entitled to claim the higher commercial rates, acquiescing without protest in the practice and decision of government official which treated the property as public property to which the lower rates were applicable, held that its conduct was inconsistent with any intention to reserve it right to more than it collected, and that it could not recover more in the Court of Claims. P. 255 U. S. 345.

54 Ct.Clms. 131 affirmed.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 255 U. S. 342





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