Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Fink
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF MONTGOMERY COUNTY, STATE OF OHIO. The case is stated in the opinion. Fink neither expressly nor impliedly agreed to pay any freight. The railroad company made it a condition that he pay the bill before he could examine the goods offered him by the shipper; send Union Pacific R. R. Co. v. American Smelling & Refg. Co., 202 Fed. Rep. 720, is therefore not applicable.
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ERROR TO THE COURT OF APPEALS OF MONTGOMERY COUNTY, STATE OF OHIO. The case is stated in the opinion. Fink neither expressly nor impliedly agreed to pay any freight. The railroad company made it a condition that he pay the bill before he could examine the goods offered him by the shipper; send Union Pacific R. R. Co. v. American Smelling & Refg. Co., 202 Fed. Rep. 720, is therefore not applicable. Plaintiff in' error’s other cases are based upon bills of lading stipulating that the “consignee is to pay the freight.’’ As between Fink and the railroad company, the principle of estoppel still…
1Opinion of the CourtJustice Day
An action was brought by the Railway Company before a Justice of the Peace in Montgomery County, Ohio, to recover fifteen dollars, the freight charges upon a shipment in interstate commerce from Los'Angeles, California, to Dayton, Ohio. The defendant, Fink, prevailed in the Magistrate’s court, the judgment was reversed in the Court of Common Pleas, the case was taken to the Court of Appeals of Montgomery County where the judgment of the Court of Common Pleas was reversed and that of the Magistrate affirmed. 19 Ohio Circuit Court,- New Series, 103. The Supreme Court of Ohio denied a motion to…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
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- Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
- Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
- Square D Co. v. Niagara Frontier Tariff Bureau, Inc.Supreme Court of the United States · 1986
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