Consolidated Freightways Corporation of Delaware v. Admiral Corporation
Court of Appeals for the Seventh Circuit
1DissentSwygert, Chief Judge
My reading of section 223 of the Motor Carrier Act, 49 U.S.C. § 323, and the cases decided under it and under 49 U. S.C. § 3(2), the counterpart statute pertaining to railroad carriers, makes Admiral as the consignee liable for the freight charges which Rogers failed to pay. This liability is clearly stated in the bill of lading under which the shipments were transported, the pertinent part reading: “The owner or consignee shall pay the freight and average, if any, and all other lawful charges accruing on said property. * * * ” Only if he is an agent with no beneficial interest in the…
2Cases cited6 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FinkSupreme Court of the United States · 1919
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- Central Warehouse Co. v. Chicago, R. I. &. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1927
- Boston & Maine Railroad v. Hannaford Bros.Supreme Judicial Court of Maine · 1949
- Southern Railway System v. Leyden Shipping Corp.District Court, S.D. New York · 1968
1 more not listed; retrieve them via the Exa API.