Denver & Rio Grande Railroad v. United States
United States Court of Claims
The Ref otter’s statement of the case: Before the passage of the Interstate Commerce Law the last carrier of an inter-line shipment was, as a matter of general railroad law, entitled to hold a lien and sue for the total freight charge. 2 Hutchinson on Carriers, 3d Ed., sec. 826, p. 920; 2 Moore on Carriers, 2d Ed., sec. 13, p. 683; New Yorlc Central B. B. Co. v. Weil, 119 N. Y. Suppl., 676, 678. Under the Interstate Commerce Law the final carrier is not only empowered to…
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The Ref otter’s statement of the case: Before the passage of the Interstate Commerce Law the last carrier of an inter-line shipment was, as a matter of general railroad law, entitled to hold a lien and sue for the total freight charge. 2 Hutchinson on Carriers, 3d Ed., sec. 826, p. 920; 2 Moore on Carriers, 2d Ed., sec. 13, p. 683; New Yorlc Central B. B. Co. v. Weil, 119 N. Y. Suppl., 676, 678. Under the Interstate Commerce Law the final carrier is not only empowered to collect the through chai'ge, but is burdened with the duty and obligation of collecting the full published tariff rate and…
1Opinion of the CourtHay, Judge
This is a suit for the recovery of $2,854.98 alleged to be due the plaintiff by the defendants, which amount is in addition to the amount paid the plaintiff on account of items of freight transportation furnished to and paid for by the United States. All the payments were made by disbursing officers on vouchers certified to be correct and presented to them by the plaintiff. The plaintiff now seeks to recover the difference between the amounts thus claimed and paid and the amount the plaintiff would have received had payment been claimed and made at commercial rates without any deductions on…
2Cases cited1 opinion
- Baltimore & Ohio Railroad v. United StatesUnited States Court of Claims · 1917
3Cited by1 opinion
- Baker v. United StatesUnited States Court of Claims · 1921