Francesconi v. Baltimore & O. R.
District Court, S.D. New York
At Law. Action by J. C. Francesconi & Co. against the Baltimore & Ohio Railroad Company to recover damages for the use and injury by the defendant of two tank cars owned by plaintiff. The two tank ears in question were delivered empty to the defendant, with written orders to return them to the shipping point by designated routes.
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At Law. Action by J. C. Francesconi & Co. against the Baltimore & Ohio Railroad Company to recover damages for the use and injury by the defendant of two tank cars owned by plaintiff. The two tank ears in question were delivered empty to the defendant, with written orders to return them to the shipping point by designated routes. Instead of returning the cars, the defendant placed them in servicé, carrying acid, between other points, and used them in such servicel for more than sis months, and when they were returned to plaintiff they were so damaged by the acid that the tanks had to be…
1Opinion of the Court
LEARNED HAND, District Judge.
[1] In the absence of regulation under the Interstate Commerce Act (24 Stat. 379), there is no dispute that the defendant would be liable. The plaintiff’s tender of the cars and its acceptance by the defendant, gave the latter no rights beyond the fair import of the transaction, and, taken merely as a custom, the practice of retaining cars at the convenience of the carriers is not sufficiently proved to form a part of the bargain. If so, the proper interpretation of the bailment is that, when the contents of the car have been delivered to the consignee, the car is…
2Cases cited9 opinions
- Swift & Co. v. Hocking Valley Railway Co.Supreme Court of the United States · 1917
- Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915
- Procter & Gamble Co. v. United StatesSupreme Court of the United States · 1912
- Texas & Pacific Railway Co. v. American Tie & Timber Co.Supreme Court of the United States · 1914
- Northern Pacific Railway Co. v. SolumSupreme Court of the United States · 1918
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Regents of New Mexico College of Agriculture & Mechanic Arts v. Albuquerque Broadcasting Co.Court of Appeals for the Tenth Circuit · 1947
- Burlington Northern Inc. v. United StatesUnited States Court of Claims · 1972
- Schwartzman v. United Air Lines Transp. Corp.District Court, D. Nebraska · 1947
- W. L. Shepherd Lumber Co. v. Atlantic Coast Line R.Supreme Court of Alabama · 1927
1 more not listed; retrieve them via the Exa API.