Northern Pac. Ry. Co. v. Sauk River Lumber Co.

The Sauk River Lumber Company, a Washington corporation, hereinafter called plaintiff, is engaged in the logging business. The Northern Pacific Railway Company, a Wisconsin corporation, hereinafter called defendant, is a common carrier operating a railroad between Darrington, Wash., and Everett, Wash.

Plaintiff brought this action in the superior court of Snohomish county, Wash., to recover of defendant an alleged overcharge of $9,282.63 for transporting saw-logs from Darrington to Everett; also to recover interest and attorneys’ fees. The case was removed to the District Court of the United States for the Western District of Washington. There plaintiff obtained a verdict and judgment for the principal sum claimed, together with attorneys’ fees. The judgment also allowed interest, but from a later date and at a lower rate than claimed by plaintiff. Both parties have appealed.

This action was commenced on June 21, 1930. It was brought under section 91, c. 117, Washington Laws of 1911, p. 600 (Rem.Rev.Stat. § 10433), which provided as follows:

“When complaint has been made to the commission 1 concerning the reasonableness of any rate, fare, toll, rental or charge for any service…