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Terminal Warehouse Co. v. Pennsylvania R. Co., 297 U.S. 500 (1936)

Terminal Warehouse Co. v. Pennsylvania Railroad Co.

No. 351

Argued January 15, 16, 1936

Decided March 2, 1936

297 U.S. 500


1. An order of the Interstate Commerce Commission adjudging a preference illegal upon complaint of a shipper but refusing to require reparation from the carrier upon the ground that no damage was proved, is not conclusive against the right of the complainant to recover damages from another shipper who enjoyed the preference and who had intervened in the proceedings, but against whom no damages were there prayed. P. 297 U. S. 511.

Page 297 U. S. 501

2. The remedy of a shipper for impairment of profits in his business alleged to have resulted from illegal privileges and payments granted a competitor by a railroad in interstate commerce, no element of monopoly being involved and no conspiracy beyond the mere agreement between the railroad and the favored shipper for the forbidden preferences, is not by action for treble damages under § 7 of the Anti-Trust Act, but is confined to proceedings against the railroad and the favored shipper under the Interstate Commerce Act. P. 297 U. S. 511.

So held in an action by a warehouse company against a competitor in the same city and a railroad, in which it was claimed that damage to the plaintiff was caused by an arrangement between the defendants, published in the railroad's tariffs and for a time upheld by the Interstate Commerce Commission but later declared unlawful by the Commission and by this Court (Merchants Warehouse Co. v. United States, 283 U. S. 501), whereby the defendant warehouse company received certain concessions and allowances upon the mistaken assumption that its facilities were part of the railroad's station facilities and that it acted a the railroad's agent in the handling of freight.

78 F.2d 591 affirmed.

Certiorari, 296 U.S. 560, to review the reversal of a judgment for treble damages in an action under the Anti-Trust Act.

Page 297 U. S. 503

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