Louisville & N. R. v. Dickerson
Court of Appeals for the Sixth Circuit
’ In Error to the Circuit Court of the United States for the Southern District of Ohio. Action by Edward S. Dickerson,.trading as Woodward & Dickerson, against the Louisville & Nashville Railroad Company. Judgment for plaintiff (187 Fed. 874), and defendant brings error.
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’ In Error to the Circuit Court of the United States for the Southern District of Ohio. Action by Edward S. Dickerson,.trading as Woodward & Dickerson, against the Louisville & Nashville Railroad Company. Judgment for plaintiff (187 Fed. 874), and defendant brings error. The defendant in error (hereinafter called the plaintiff) filed his petition in the court below as commencement of suit against the plaintiff m error (as defendant therein); the cause of action being stated substantially as follows: That the defendant, being a common carrier of passengers and property by railroad between…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above). [1] 1, The Right of Action. In our opinion the, only theory on which this suit is maintainable is that the defendant, having accepted the shipments under established tariff rates and over a specified route, is obligated to carry the goods at the rate and over the route specified, and that, having diverted the freight at Cincinnati to a different route, it is liable for the damages thereby occasioned to- the < plaintiff, viz., the difference between the lawfully established tariff over the specified route and the charges incurred by reason of the change of…
2Cases cited6 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Southern Pacific Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. Associated Air Transport, Inc., Associated Air Transport, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1960
- Azizian v. Federated Department Stores, Inc.Court of Appeals for the Ninth Circuit · 2007
- American Can Co. v. Ladoga Canning Co.Court of Appeals for the Seventh Circuit · 1930
- Texas Co. v. SchriewerCourt of Appeals of Texas · 1931
- Papetti v. AlicandroMassachusetts Supreme Judicial Court · 1944
20 more not listed; retrieve them via the Exa API.