215 F. 93 | 7th Cir. | 1914
Defendant in error, plaintiff below, recovered judgment against defendant for $3,637.75 on account of icing charges in transporting dressed meats for defendant.
A jury trial was duly waived, and the cause was submitted on an agreed statement of facts that showed: That plaintiff was a railroad corporation engaged in interstate commerce. That defendant was an interstate shipper of dressed meats. That plaintiff had duly published and filed its schedule of carriage charges for dressed meats, exclusive of icing charges. That defendant paid plaintiff the carriage charges. That plaintiff had duly published and filed a tariff sheet in which the
Under the Commerce Act (Act Feb. 4, 1887, c. 104, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154]) compensation for service in transportation cannot be a matter of bargaining between carrier and shipper, and no payment can lawfully he demanded or received except in accordance with a fixed and definite schedule of charges duly published and filed.
Whether the carriage and icing charges separately or combined were reasonable, whether plaintiff could lawfully arrange to procure ice from defendant’s competitor, and whether that arrangement brought about an undue preference, are matters beyond this case.
The judgment is .affirmed.