Louisville & Nashville R.R. v. Rice, 247 U.S. 201 (1918). · Go Syfert
Louisville & Nashville R.R. v. Rice, 247 U.S. 201 (1918). Cases Citing This Book View Copy Cite
288 citation events (76 in the last 25 years) across 46 distinct courts.
Strongest positive: United Van Lines, LLC v. Clark (txwd, 2023-08-08)
Treatment trajectory · 1918 → 2026 · click a year to view as-of
1918 1972 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) United Van Lines, LLC v. Clark (2×)
W.D. Tex. · 2023 · confidence medium
Co. v. Rice, 247 U.S. 201, 202 (1918)).
cited Cited as authority (rule) IL Bell Tele Co v. Ferrous Miner Holdin
7th Cir. · 2008 · confidence medium
Louisville & Nashville R.R. v. Rice, 247 U.S. 201, 201-03 (1918); Thurston Motor Lines, Inc. v. Jordan K.
discussed Cited as authority (rule) Bryan v. BellSouth Communications Inc
4th Cir. · 2004 · confidence medium
Rand, Ltd., 460 U.S. 533, 534-35 (1983) (concluding that suit to collect charges due under tariff gives rise to federal jurisdic- tion), Louisville & Nashville R.R. v. Rice, 247 U.S. 201, 203 (1918) (same). 7 In fact, the Federal Communications Act itself explicitly serves these purposes, providing that "no carrier shall (1) charge, demand, collect, or receive a greater or less or different compensation . . . than the charges specified in the schedule then in effect, or (2) refund or remit by any means or device any portion of the charges so specified . . . ." 47 U.S.C. § 203 (c).
cited Cited as authority (rule) C.A.R. Transportation Brokerage Company, Inc. v. Darden Restaurants, Inc.
9th Cir. · 2000 · confidence medium
Their duty and obligation grow out of and depend upon that act." Louisville & Nashville R.R. v. Rice, 247 U.S. 201, 202 (1918).
cited Cited as authority (rule) MCI Telecommunications Corp. v. Teleconcepts, Inc.
3rd Cir. · 1995 · confidence medium
The court's analysis relied heavily upon an analogous inquiry of the Supreme Court under the Commerce Act in Louisville & N. R. v. Rice, 247 U.S. 201, 202 (1918).
discussed Cited as authority (rule) MCI Telecommunications Corporation v. David Graham, Individually and D/B/A Graham Construction Company
6th Cir. · 1993 · confidence medium
Ultimately, a user’s obligation to make payments for interstate telephone service at the rate fixed by tariff “ ‘[grows] out of and [depends] upon’ the Communications Act in the same way that a shipper’s duty to pay for interstate freight service depends upon the Interstate Commerce Act.” Ivy Broadcasting Co., 391 F.2d at 494 (quoting Louisville & Nashville, 247 U.S. at 202, 38 S.Ct. at 429 ).
discussed Cited as authority (rule) Northern Pac. Ry. Co. v. United States (Three Cases) (2×)
8th Cir. · 1954 · confidence medium
Co. v. Rice, 247 U.S. 201, 202, 203 , 38 S.Ct. 429 , 62 L.Ed. 1071 .
discussed Cited as authority (rule) Bernstein Bros. Pipe & MacHinery Co. v. Denver & R.G.W.R. Co
10th Cir. · 1951 · confidence medium
Co, v. Rice, 247 U.S. 201, 202, 203 , 38 S.Ct. 429 , 62 L.Ed. 1071 , that a suit to recover a freight undercharge arises under a law regulating commerce, since the duty to pay and the right and obligation to collect grow out of and depend upon the Interstate Commerce Act. 6 Anderson v. Bingham & G.
discussed Cited "see" Great Lakes Gas Transmission Ltd. Partnership v. Essar Steel Minnesota LLC (2×)
8th Cir. · 2016 · signal: see · confidence high
See Rice, 247 U.S. at 203 , 38 S.Ct. 429 .
examined Cited "see" Great Lakes Gas Transmission Ltd. Partnership v. Essar Steel Minnesota, LLC (7×)
D. Minnesota · 2015 · signal: see · confidence high
See Rice, 247 U.S. 201, 202 , 38 S.Ct. 429 , 62 L.Ed. 1071 (1918) (holding that the plaintiffs action arises under federal law because the ICA required the “carrier to collect and consignee to pay all lawful charges duly prescribed by the tariff in respect of every shipment,” so that “their duty and obligation grow out of and depend upon that act”); Thurston, 460 U.S. 533, 535 , 103 S.Ct. 1343 , 75 L.Ed.2d 260 (1983) (same).
discussed Cited "see" Worldcom v. NH Exteriors (2×)
D.N.H. · 1999 · signal: see · confidence high
See 247 U.S. at 202 .
examined Cited "see" Western Union International, Incorporated v. Data Development, Incorporated (5×) also: Cited "see, e.g."
11th Cir. · 1995 · signal: see · confidence high
See Rice, 247 U.S. at 202 , 38 S.Ct. at 429 .
discussed Cited "see" Delta Traffic Service, Inc. v. Georgia-Pacific Corp. (2×)
D. Conn. · 1987 · signal: see · confidence high
See Rice, 247 U.S. 201 , 38 S.Ct. 429 (carrier’s claim is based not on an understanding with the shipper, but on the tariff).
Retrieving the full opinion text from the archive…
Louisville & Nashville Railroad Company
v.
Rice
574.
Supreme Court of the United States.
May 20, 1918.
247 U.S. 201
Mr. George Denegre, Mr. Henry L. Stone, Mr. Victor Leovy, Mr. Henry H. Chaffe and Mr. Harry McCall for plaintiff in error., Mr. T. M: Miller, Mr. John D. Miller and Mr. Charles F. Fletchinger for defendant in error.
McReynolds.
Cited by 95 opinions  |  Published
Mr. Justice McReynolds

delivered the opinion of the court.

Did the District Court rightly decide that it had no jurisdiction, is the' only question presented.

Plaintiff in error sued to recover one hundred and forty-five dollars claimed to be due under/ tariffs approved and. published as required by Interstate Commerce'Act, for disinfecting fifty-eight cars containing live stock shipped[*202] -from points outside the State and delivered to defendant, the consignee, at New Orleans, Louisiana. It alleged presentation of bills covering each shipment and payment by-defendant of all charges except those for disinfecting — two dollars and fifty cents per car.

Answering, defendant admitted the shipments were interstate; that he paid all lawful charges, except those sued for; and that these had been properly prescribed under and pursuant to the Interstate Commerce Act. But he denied liability for these reasons: As the carrier well knew, or should have known, he had long been engaged in the business of factor or commission merchant; in due course while acting as representative for their owners and consignors he received the live stock, sold them immediately upon arrival, deducted expenses, etc., and remitted balance of proceeds to his principals; when the cars arrived he paid all charges actually demanded; he was not then advised and remained unaware that any others were contemplated until such balance had been remitted. Having led him to believe the amount asked ancf paid before he remitted entire net proceeds constituted full settlement, the carrier is now estopped from demanding more of him.

The trial court upon its own initiative dismissed the action for want of jurisdiction.

Section 24 of the Judicial Code provides that regardless of amount involved District Courts shall have original jurisdiction “of all suits and proceedings arising under any law regulating commerce.” The .Interstate Commerce Act requires carrier to collect and consignee to pay all lawful charges duty prescribed by the tariff in respect of every shipment. Their duty and obligation grow out of and depend upon that act.

In support of the trial court it is said: There is no jurisdiction unless the suit in part at least arises out of a controversy in regard to operation or effect of the act of Congress. Here there is no dispute as to legality of rate[*203] or its application to the shipments; and consignee’s liability was frilly discharged upon payment by him of amount demanded at time of. delivery and surrender of the carrier’s lien.

“Cases arising under the laws of the United States are such as grow out of the-legislation of^Congress.” Tennessee v. Davis, 100 U. S. 257, 264. “ Whether a party claims a righbunder the Constitution or laws of the United States is to be ascertained by the legal construction of its own allegations.” Central R. R. Co. of New Jersey v. Mills, 113 U. S. 219, 257. “If the plaintiff really makes a substantial claim under an act of Congress there is juris-" diction whether the claim ultimately be held good or bad.” The Fair v. Kohler Die Co., 228 U. S. 22, 25. A suit arises under an act of Congress when “it really and substantially involves a dispute or controversy respecting the validity, construction or effect of such a. law, upon the-determination of which the result /depends.” Shulthis v. McDougal, 225 U. S. 561, 569. As to interstate shipments “there can be no question that, since the decision in the Croninger Case [226 U. S. 491], the parties are held" to the responsibilities imposed by the federal law, to the exclusion of all other rules of obligation.” St. Louis, Iron Mountain & Southern Ry. Co. v. Starbird, 243 U. S. 592, 595; Louisville & Nashville R. R. Co. v. Maxwell, 237 U. S. 94, 97.

The railroad company set up a claim based upon provisions of a tariff duly filed, published and approved as required by Interstate Commerce Act; result of the action necessarily depended upon construction and effect of that act.

We think the District Court had jurisdiction. Its judgment is accordingly reversed and the cause remanded for further proceedings in conformity with this opinion.

Reversed.