United States v. Western Pacific Railroad
United States Supreme Court
352 U.S. 59 (1956)
- Written by Jamie Milne, JD
Facts
When the federal government (defendant) shipped napalm bombs on Western Pacific Railroad (the railroad) (plaintiff), the railroad charged the high tariff rate applicable to incendiary bombs. The government refused to pay that rate. It believed that because there were no burster charges or fuses on the bombs, meaning that they could not explode, the bombs should be subject to the lower tariff rate applicable to gasoline drums. The railroad sued the government in the court of claims, seeking payment of the higher rate. The government argued that the doctrine of primary jurisdiction applied and the matter should therefore be referred to the Interstate Commerce Commission (ICC) for review. The ICC was the administrative body tasked with adopting and enforcing transportation policies regulating railroads. The court declined referral and issued its own decision that the higher rate applied. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Harlan, J.)
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