Wight v. United States
Decision Date | 24 May 1897 |
Docket Number | No. 494,494 |
Citation | 17 S.Ct. 822,42 L.Ed. 258,167 U.S. 512 |
Parties | WIGHT v. UNITED STATES |
Court | U.S. Supreme Court |
Section 2 of the interstate commerce act reads:
'That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.' 24 Stat. 379.
Sections 10 of the act, as amended by the act of March 2, 1889 (25 Stat. 855), makes the violation of any of the provisions of the act a misdemeanor and subject to punishment. On October 8, 1894, an indictment was found in the district court of the United States for the Western district of Pennsylvania charging the defendant with a violation of said section 2. The trial resulted in a verdict and judgment against him, to reverse which this writ of error was sued out.
In their brief his counsel make this statement of facts:
'The undisputed facts proved in evidence are as follows: F. H. Bruening was engaged during the year 1892 in the business of a wholesale dealer in beer in the city of Pittsburg. He purchased his beer in Cincinnati, in car-load lots, from the Moerlein Brewing Company, of that city. Bruening's place of business was situated on the track of the Pittsburg, Cincinnati & St. Louis Railroad Company, known as the 'Panhandle,' and had a siding connection with that road, so that Mr. Bruening could ship his beer from Cincinnati over the Panhandle Railroad, and have it delivered and unloaded directly into his warehouse. The rate by the Panhandle Railroad for this service from Cincinnati to the warehouse was fifteen cents per hundred pounds. The station of the Baltimore & Ohio Railroad Company in Pittsburg was at some distance from Bruening's warehouse, and there was no track connection between the Baltimore & Ohio Railroad and the warehouse, so that, if Bruening shipped his beer from Cincinnati by the Baltimore & Ohio route, it was necessary to haul it in wagons from the Baltimore & Ohio station to the warehouse. The rate charged by the Baltimore & Ohio route between Cincinnati and Pittsburg on beer in car loads was likewise fifteen cents per hundred pounds.
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...induced by carrier competition was forbidden. But that construction was rejected by this Court, Wight v. United States, 167 U.S. 512, 517, 17 S.Ct. 822, 42 L.Ed. 258; United States v. Illinois Central R.R. Co., supra; Merchants' Warehouse Co. v. United States, supra, for the same reason tha......
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