117 Wash. 609 | Wash. | 1921
Lead Opinion
This is an appeal from the judgment of the superior court of Thurston county affirming an order of the public service commission directing the appellant to pay to, the respondent Electric Logging Company $2,772.48 overcharges on shipments of logs.
The respondent Electric Logging Company paid certain freight charges to the appellant during the period of time which was held in the Belcher cases to come within the terms of what is known as the Calkins letter, set out in full in our opinion in Belcher v. Tacoma Eastern R. Co., supra, and within the order of the commission based upon that letter, also set out in that opinion. The respondent filed its claim with the public service commission on December 5, 1917, and, by stipulation of the parties, it was agreed that the amount collected' from the respondent on its published tariffs in excess of the tariff fixed by it for the St. Paul & Tacoma Lumber Company is the sum for which judgment was rendered.
We are asked upon this appeal to consider anew all the questions raised in the former litigation. It seems to us that the status of this letter and the following-order of the commission have become stare decisis, and that there is an unequivocal offer on the part of the appellant to settle with all shippers occupying the position of respondent upon the basis adopted. The commission entered its order upon this offer, granting certain privileges to the appellant and ordering it to comply with the terms of its offer.
Contention is made that the public service commission does not have jurisdiction to pass upon discriminatory charges as distinguished from overcharges. This contention was disposed of in Belcher v. Tacoma Eastern R. Co., supra. It is further contended that,
The judgment of the superior court is affirmed.
The respondent Electric Logging Company will recover its costs.
Parker, C. J., Main, and Holcomb, JJ., concur.
Dissenting Opinion
(dissenting) — I dissent in this ease for the reason that I believe that the decision of this court in the Belcher case is erroneous, and that there exists in the record in this case sufficient to permit of reconsideration of the entire matter, and that such a reconsideration would compel a reversal of the judgment of the superior court.