Legal Opinion

Northern Central Ry. Co. v. United States

Court of Appeals for the Second Circuit

Decided February 27, 1917No. 73PublishedCited by 5 opinions

IruError to the District Court of the United States for the Western District of New York. Criminal prosecution by the United States against the Northern Central Railway Company. From a judgment of conviction, defendant brings error. The plaintiff in error hereinafter is referred to as the defendant.

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IruError to the District Court of the United States for the Western District of New York. Criminal prosecution by the United States against the Northern Central Railway Company. From a judgment of conviction, defendant brings error. The plaintiff in error hereinafter is referred to as the defendant. The defendant is a corporation organized under tire laws of the states of Maryland and Pennsylvania, and is a common carrier engaged in the transportation of anthracite coal in carloads and other property for hire wholly by railroad in interstate commerce on and over its railway route from Mt.…

1Opinion of the Court

ROGERS, Circuit Judge.

The defendant was charged with a violation of the Elkins Act of February 19, 1903, as amended by the Hepbhrn Act of June 29, 1906. The act in terms forbids railroad companies engaged in interstate commerce from giving any rebates or concessions to any shipper which are contrary to the published and filed tariff rates.' That act provides in part as follows :

“It shall be unlawful for any person, persons, or corporation to offer, grant, or give, or to solicit, accept or receive any rebate, concession, or discrimination in respect to the transportation of any property in…

2Cases cited4 opinions

  1. New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
  2. United States v. Union Stock Yard & Transit Co. of ChicagoSupreme Court of the United States · 1912
  3. Cleveland, C., C. & St. L. Ry. Co. v. HirschCourt of Appeals for the Sixth Circuit · 1913
  4. Vandalia R. v. United StatesCourt of Appeals for the Seventh Circuit · 1915

3Cited by5 opinions

  1. United States v. Michigan Portland Cement Co.Supreme Court of the United States · 1926
  2. State Bank of Alamogordo v. McNewNew Mexico Supreme Court · 1927
  3. Southwestern Lumber Co. of New Jersey v. KerrDistrict Court, S.D. Texas · 1934
  4. United States v. Key Line Freight, Inc.District Court, W.D. Michigan · 1977
  5. United States v. Key Line Freight, Inc.District Court, W.D. Michigan · 1975

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