Interstate Commerce Commission Reports (Volume 59); Reports and Decisions of the Interstate Commerce Commission of the United States (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1921 Excerpt: ... DAMAGED GOODS--Continued. dine to accept them, demurrage illegally assessed. Reparation awarded. Delp Grain Co. v. Director General, as Agent, 755. DAMAGES. During a portion of the period of movement the price of the commodity here involved was fixed by the government and It can not be said that any of the alleged favored competitors controlled the price to complain-ant's detriment, and since It Is not shown that during the period when the government did not fix the price, that competitors did so at any gen-eral markets, reparation denied. Wharton Steel Co. v. Director General, as Agent, 11 (24). Fact that competitors may have reaped greater profits than complainant does not establish damage as a consequence of undue prejudice. Id. (24). Where class rates are charged and it is not shown that the commodity is improperly classified or that the class rate is unreasonable, reparation will not be awarded. Jennings-Jarrett Co. v. Director General, as Agent, 93 (95). Reparation denied where transit charges were absorbed out of profits and it was not shown that competitors who were not required to pay such charges fixed the prices which complainants had to meet in making their sales. Mercantile Lumber Co. v. I. C. R. R. Co., 128. A general description In the complaint of the shipments on w hich repara-tion Is asked Is sufficient to meet the requirements of the statute. Coakley p. Director General, as Agent, 141 (144). Fact that complainants elected to assume the difference in rates, instead of passing it on to the consumers as they might have done, does not act as a bar to their claim for reparation. Id. (144-145). Reparation denied as complainant Is not the real party In Interest. Alden Coal Co. v. R. I. S. Ry Co., 223 ( 225). Upon second supplemental report for r...