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U.S. Supreme Court

Baldwin v. Scott County Milling Co., 307 U.S. 478 (1939)

Baldwin v. Scott County Milling Co.

No. 650

Argued April 21, 1939

Decided June 5, 1939

307 U.S. 478


1. Where a carrier, having been ordered by the Interstate Commerce Commission to make reparation to a shipper for tariff charges then found by the Commission to have been excessive, pays the required amount upon demand of the shipper without waiting to be sued under the disadvantages prescribed by § 16(2) of the Interstate Commerce Act, the payment is not voluntary, and where, afterwards, upon rehearing, the Commission sets aside the reparation order because the finding of unreasonable rates upon which it was based was erroneous, the carrier may maintain a suit to recover the payment from the shipper. This accords with the policy of the Act. P. 307 U. S. 481.

The fact that the shipper paid part of the money to an expert, who acted for it before the Commission in procuring the reparation, chanroblesvirtualawlibrary

Page 307 U. S. 479

recovery of which is barred by limitations, and has used the remainder for its own purposes furnishes no equitable defense to the suit for refund. P. 307 U. S. 485.

2. Equitable considerations cannot justify failure of a carrier to collect, or of a shipper to pay, the tariff charges required by the Interstate Commerce Act. P. 307 U. S. 485.

343 Mo. 915, 122 S.W.2d 890, reversed.

Certiorari, 306 U.S. 625, to review a judgment of the court below which affirmed a Judgment of a circuit court of Missouri for the defendant in an action brought by the trustees of the Missouri Pacific Railway Company to recover an amount of money which the company had paid to the defendant in pursuance of an order of reparation made by the Interstate Commerce Commission.

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