Northern Pac. Terminal Co. of Oregon v. Spokane, P. & S. Ry.

This is an appeal from a judgment in plaintiff’s favor for moneys paid defendant under an alleged mistaken 'belief that defendant was a participating carrier with plaintiff in the movement of certain cars of fuel oil and therefore entitled to a division of the tariff charged.

Both plaintiff and defendant are common carriers by rail, the defendant maintaining several miles of railroad as a terminal in Portland, Or., known as the Portland switching district.- The published tariff approved by both parties and others divided this district into seven zones.

Defendant purchased fuel oil from the Standard Oil Company f. o. b. at defendant’s fuel oil spur, Guild’s Lake, Portland. The oil was consigned to defendant at “Guild's Lake” and delivered to plaintiff at Willbridge for carrier transportation. Both points known as Guild’s Lake and Willbridge are within the same zone in the Portland switching district. At Guild’s Lake there was an interchange track connecting lines of plaintiff and defendant.

The shipments began to move on February 1, 1923. Plainitff delivered the car3 to defendant on the interchange track at Guild’s Lake, from which track the defendant then transported the cars…