Pierce Butler

“ Defendant's answer admitted the transportation, the rate exacted, and the charges collected. It alleged that defendant maintained a rate applicable on cow peas in carloads from the international boundary at Nogales to San Francisco, but it did not specify that rate or state that it was reasonable. It averred that the Commission had not found such rate unjust, unreasonable, or otherwise in violation of law, and that the Commission had no jurisdiction to order the defendant to pay any reparation or damages. ”

“ The tariff, as described in the findings, does not purport to apply to the American part of such international transportation. A carload shipment 'originating' at Nogales or at the point where the line of the foreign carrier and that of the defendant touch the boundary or in defendant's railroad yard adjacent to the boundary clearly must be distinguished from a through carload shipment brought to defendant at the boundary by a foreign carrier. ”

“ Defendant is liable for any violation of the act by it that caused or contributed to cause damage to plaintiff without regard to the proportion of the charges attributable to the foreign transportation or paid to the foreign carrier. News Syndicate Co. v. N. Y. C. R. R., supra, pages 187, 188 of 275 U.S., 48 S.C.t. 39, 72 L. Ed. 225.
The act does not create a cause of action based on the Commission's findings and reparation order for the recovery of money collected as freight charges based on rates alleged to be unjust and unreasonable. ”