Owen J. Roberts

“ It is undisputed that there are destinations on the railway's line between Minneapolis and Superior as to which the rate from the points of origin, consisting of the local rate to Minneapolis plus the proportional rate beyond that city, is greater than the quoted through rate from such points to Superior. Consequently, if shipments should be made to Superior via Minneapolis at the through rate, they will be carried for less than would be charged for similar shipments to these intermediate destinations. ”

“ The shorter route from the places of shipment to Superior is via Willmar. The longer, which the cars in question traveled, via Minneapolis, involvespass age through the congested railroad terminals in that city, with incident traffic difficulties and delays not encountered on the more direct one. The difference between the two in mileage from the shipping points to Superior varies by from 12 to 23 per cent. The carrier collected its local rates from origin points to Minneapolis, plus a proportional rate of 6.5 cents beyond. ”

“ The Interstate Commerce Commission awarded Delmar Company reparation against the Great Northern Railway Company for certain charges made on shipments of grain. [1] Suit was brought on the award and judgment rendered against the railway by the District Court, 34 F. (2d) 221. On appeal to the Circuit Court of Appeals, that judgment was affirmed. [2] This Court granted certiorari. ”