Lewis-Simas-Jones Co. v. Southern Pacific Co.

Appellant brought an action against respondent under the provisions of section 16 of the Interstate Commerce Act (U. S. Code, title 49 [49 U. S. C. A., sec. 16]) to enforce an award of the Interstate Commerce Commission. This appeal is taken from a judgment in favor of respondent.

In 1923 respondent delivered to appellant at San Francisco three carloads of cow-peas which respondent in conjunction with the Southern Pacific Company of Mexico had transported on through bills of lading and joint through rates from Navojoa, Mexico. The shipments were trans ported by the Mexican carrier from Navojoa, Mexico, to Nogales, Arizona, and by respondent from Nogales, Arizona, to San Francisco. Respondent collected the freight charges from appellant at San Francisco. These charges were based upon a joint through rate maintained by the Southern Pacific Company of Mexico and respondent, which joint through rate was published and filed with the department of communications and public works of the republic of Mexico and with the Interstate Commerce Commission. In the proceedings instituted by appellant against respondent before the Interstate Commerce Commission the commission found that such…