Atchison, T. & S. F. Ry. Co. v. Spiller

Eighth Circuit

Atchison, T. & S. F. Ry. Co. v. Spiller

249 F. 677, 1918 U.S. App. LEXIS 2281

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 11, 1918

DocketNo. 4819, with Nos. 4820-4827

StatusPublished

Cited by3 cases

This text of 249 F. 677 (Atchison, T. & S. F. Ry. Co. v. Spiller) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atchison, T. & S. F. Ry. Co. v. Spiller, 249 F. 677, 1918 U.S. App. LEXIS 2281 (8th Cir. 1918).

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Opinion

CARLAND, Circuit Judge.

Since the opinion of this court in the above case was filed, the Supreme Court has decided in Southern Pacific Company et al. v. Darnell-Taenzer Lumber Company et al., 245 U. S. 531, 38 Sup. Ct. 186, 62 L. Ed.-(January 21, 1918), that, where a shipper has paid a rate afterwards declared to he excessive by the Interstate Commerce Commission, he may recover as damages the difference between the excessive rate and the rate declared to be just and reasonable by the Commission, without proof of actual injury. It results that anything said in the opinion of this court contrary to the above decision is overruled. Our judgment, however, was not based alone upon our opinion as to what was the lawful measure of damages, but on other grounds mentioned in the opinion to which we still adhere.

The motion for a rehearing is therefore denied.

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CARLAND, Circuit Judge.

Since the opinion of this court in the above case was filed, the Supreme Court has decided in Southern Pacific Company et al. v. Darnell-Taenzer Lumber Company et al., 245 U. S. 531, 38 Sup. Ct. 186, 62 L. Ed.-(January 21, 1918), that, where a shipper has paid a rate afterwards declared to he excessive by the Interstate Commerce Commission, he may recover as damages the difference between the excessive rate and the rate declared to be just and reasonable by the Commission, without proof of actual injury. It results that anything said in the opinion of this court contrary to the above decision is overruled. Our judgment, however, was not based alone upon our opinion as to what was the lawful measure of damages, but on other grounds mentioned in the opinion to which we still adhere.

The motion for a rehearing is therefore denied.

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Bluebook (online)

249 F. 677, 1918 U.S. App. LEXIS 2281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atchison-t-s-f-ry-co-v-spiller-ca8-1918.

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