Berwind-White Coal Mining Co. v. Chicago & Erie Railroad
Supreme Court of the United States
ERROR TO THE APPELLATE COURT, FIRST DISTRICT, STATE OF ILLINOIS. The facts, which involve questions of filing tariff sheets under the Act to Regulate Commerce and the right of the railroad company to collect demurrage, are stated in the opinion. The booklet of the Chicago Car Service Association and the letters and circular which were mailed to the Interstate Commerce Commission do not constitute a tariff. England & Co.m.
Read the full summary
ERROR TO THE APPELLATE COURT, FIRST DISTRICT, STATE OF ILLINOIS. The facts, which involve questions of filing tariff sheets under the Act to Regulate Commerce and the right of the railroad company to collect demurrage, are stated in the opinion. The booklet of the Chicago Car Service Association and the letters and circular which were mailed to the Interstate Commerce Commission do not constitute a tariff. England & Co.m. Balt. & Ohio R. R., 13 I. C. C. 614; Porter v. St. L. & S. F. R. R., 15 I. C. C. 4. The alleged tariffs in question were never established. Tex. & Pac. Ry. v. Cisco Oil…
1Opinion of the Court
Memorandum opinion by direction of the court by
Mr. Chief Justice White.
The judgment which is under review awarded demur- rage on carloads of coal shipped by the plaintiff in error from West Virginia to Chicago, there to be reconsigned. (171 Ill. App. 302.) There are only two alleged Federal' contentions:
1. That allowing the demurrage conflicted with the Act to Regulate Commerce because no tariff on the subject was filed or published. The fact is that the railroad had complied with the law as to filing tariff sheets and had also long . before the time in question filed a book of rules of the…
2Cases cited4 opinions
- Kansas City Southern Railway Co. v. C. H. Albers Commission Co.Supreme Court of the United States · 1912
- Texas & Pacific Railway Co. v. Cisco Oil MillSupreme Court of the United States · 1907
- United States v. MillerSupreme Court of the United States · 1912
- Chicago & Erie Railroad v. Berwind-White Coal Mining Co.Appellate Court of Illinois · 1912
3Cited by41 opinions
- Interstate Commerce Commission v. American Trucking AssociationsSupreme Court of the United States · 1984
- Security Services, Inc. v. Kmart Corp.Supreme Court of the United States · 1994
- Fed. Carr. Cas. P 84,020 in Re Olympia Holding Corporation, Debtors. Lloyd T. Whitaker v. Frito-Lay, Inc., a Delaware CorporationCourt of Appeals for the Eleventh Circuit · 1996
- Overland Express, Inc. v. Interstate Commerce Commission, Jasper Wyman & Son, Household Goods Carriers' Bureau, Inc., the Kroger Co., IntervenorsCourt of Appeals for the D.C. Circuit · 1993
- Freightcor Services, Inc., Debtor-In-Possession v. Vitro Packaging, Inc.Court of Appeals for the Fifth Circuit · 1992
36 more not listed; retrieve them via the Exa API.