Western Pac. R. Co. v. Nevada-CaliFornia-Oregon Ry.

Plaintiff’s demurrer to the answer and motion to strike therefrom certain alleged defenses present the question whether a certain certificate issued by the Interstate Commerce Commission, in pursuance of a hearing participated in by plaintiff, permitting the abandonment by defendant of a portion of its line of railroad connecting with that of plaintiff, and certain orders made by the Commission relative to division of joint rates and fares, are or may be a defense to an action for damages for alleged breach of a contract for the exchange of freight and passenger traffic.

Plaintiff in its complaint alleges the execution of a certain contract on or about March 24, 1917, by the provisions of which the two companies agreed to “continue in force and effect the existing joint rates and. through routes for the transportation of freight and passengers between points on or reached by way of their respective lines of railroad * * * and will from time to time join with each other in establishing just and reasonable joint rates and through routes for the transportation of freight and passengers between points on or reached by way of their respective lines of railroad as the same may now or…