Wabash Railway Co. v. United States

Court of Claims

Wabash Railway Co. v. United States

57 Ct. Cl. 450, 1922 U.S. Ct. Cl. LEXIS 383, 1922 WL 1847

CourtUnited States Court of Claims

DecidedJune 12, 1922

DocketNo. 34441

StatusPublished

This text of 57 Ct. Cl. 450 (Wabash Railway Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wabash Railway Co. v. United States, 57 Ct. Cl. 450, 1922 U.S. Ct. Cl. LEXIS 383, 1922 WL 1847 (cc 1922).

Pincite

Opinion

[452]*452memorandum by the court.

This case is controllel by the rule stated in the Baltimore & Ohio Railroad Company case, 52 C. Cls. 468, and the Oregon-Washington Railroad & Navigation Company case, 54 C. Cls. 131; 255 U. S. 339.

The plaintiff submitted its bills to the disbursing officer and they were paid as presented, many of them years ago. There was no mistake of fact made, nor any other reason for not having presented its whole claim then.

In Oregon-WasMngton Railroad Company„ sv/pra, the Supreme Court held that in circumstances such as we have here, the railroad company having presented its bills and received payment for them as rendered without protest or objection, though they were for less than the commercial rates, it can not now maintain an action such as has been presented in this case (p. 348).

The petition is dismissed.

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