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Legal Opinion

Illinois Cent. R. v. W. L. Hoopes & Sons

District Court, S.D. Iowa

Decided May 27, 1916PublishedCited by 17 opinions

At Law. Action by the Illinois Central Railroad Company against W. L. Hoopes & Sons and others, in which defendants counterclaimed.

1Opinion of the Court

WADE, District Judge.

Plaintiff’s action is for unpaid freight charges. The defendant answers, and also* files a counterclaim for damages based upon alleged injury to the goods shipped. The plaintiff demurs to the counterclaim :

“For tl»e reason that a claim for loss and damage growing out of a freight shipment does not constitute a lawful offset against the claim of the interstate carrier for unpaid freight charges.”

The demurrer is in effect a motion to strike the counterclaim, and the question is fairly presented whether a shipper can, when the freight which he justly owes is demanded, refuse…

2Cases cited5 opinions

  1. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  2. A. J. Phillips Co. v. Grand Trunk Western Railway Co.Supreme Court of the United States · 1915
  3. Illinois Central Railroad v. Henderson Elevator Co.Supreme Court of the United States · 1913
  4. Hocking Valley Ry. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1914
  5. Chicago & N. W. Ry. Co. v. William S. Stein Co.District Court, D. Nebraska · 1915

3Cited by17 opinions

  1. Chicago & North Western Railway Co. v. LindellSupreme Court of the United States · 1930
  2. Wells Fargo & Co. v. CuneoDistrict Court, S.D. New York · 1917
  3. Johnson-Brown Co. v. Delaware, L. & W. R.District Court, S.D. Georgia · 1917
  4. Bush v. Keystone Driller Co.Missouri Court of Appeals · 1917
  5. Chicago & N. W. Ry. Co. v. E. C. Tecktonius Mfg. Co.District Court, E.D. Wisconsin · 1920

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