Legal Opinion

Chicago & N. W. Ry. Co. v. William S. Stein Co.

District Court, D. Nebraska

Decided February 17, 1915No. 114PublishedCited by 17 opinions

At Law. Action by the Chicago & Northwestern Railway Company against the William S. Stein Company, a corporation, which counterclaimed. On motion to strike out the counterclaim.

1Opinion of the Court

THOMAS C. MUNGER, District Judge.

This action was brought to recover for charges for freight transported in interstate commerce. The answer sets up a claim for damages accruing to defendant by reason of the negligence of the carrier in transporting articles in interstate commerce. A motion has been presented by the railway company to strike out that part of defendant’s answer, because it constitutes no defense in the plaintiff’s cause of action.

Under the acts of Congress relating to the transportation of interstate commerce, as construed by the Supreme Court of the United States in Louisville…

2Cases cited2 opinions

  1. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  2. Chicago, Indianapolis & Louisville Railway Co. v. United StatesSupreme Court of the United States · 1911

3Cited by17 opinions

  1. Chicago & North Western Railway Co. v. LindellSupreme Court of the United States · 1930
  2. Wells Fargo & Co. v. CuneoDistrict Court, S.D. New York · 1917
  3. Illinois Cent. R. v. W. L. Hoopes & SonsDistrict Court, S.D. Iowa · 1916
  4. Distribution Services, Ltd. v. Eddie Parker Interests, Inc., D/B/A New Trends, Inc.Court of Appeals for the Fifth Circuit · 1990
  5. Johnson-Brown Co. v. Delaware, L. & W. R.District Court, S.D. Georgia · 1917

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