Norfolk & Western Railway Co. v. Dixie Tobacco Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE APPEALS OF THE STATE OF VIRGINIA.. The facts, which involve the constitutionality of the Carmack Amendment when applied to interstate ship-, ments on through routes where the connecting carriers are designated by the shipper, are stated in the opinion.
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ERROR TO THE SUPREME COURT OE APPEALS OF THE STATE OF VIRGINIA.. The facts, which involve the constitutionality of the Carmack Amendment when applied to interstate ship-, ments on through routes where the connecting carriers are designated by the shipper, are stated in the opinion. Obeying the canon of construction that of two possible constructions, one constitutional and the other unconstitutional, the constitutional construction will be adopted, this court has construed the Carmack Amendment to fasten liability on the primary carrier only if that carrier has by some voluntary act accepted…
1Opinion of the CourtJustice Holmes
This is an action brought by the defendant in error to recover for damage to tobacco shipped by it on the railroad at Bedford City, Virginia, to Marshall, Texas. The plaintiff got a verdict and judgment, which was affirmed by the Supreme Court of Appeals (111 Virginia, 813), the case having, been taken there on the ground that the act of June 29, 1906, c. 3591, § 7, 34 Stat. 584, 595, amending § 20 of the Act to Regulate Commerce, of February 4, 1887, c. 104, 24 Stat. 379, 386, is unconstitutional. This section requires any common carrier receiving property for trans portation from a point in…
2Cases cited2 opinions
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Galveston, Harrisburg & San Antonio Railway Co. v. WallaceSupreme Court of the United States · 1912
3Cited by17 opinions
- Missouri, Kansas & Texas Railway Co. v. WardSupreme Court of the United States · 1917
- St. Louis Southwestern Railway Co. v. United States & Interstate Commerce CommissionSupreme Court of the United States · 1917
- United States v. Mississippi Valley Barge Line Company, Mississippi Valley Barge Line Company v. United States Fo AmericaCourt of Appeals for the Eighth Circuit · 1960
- CNA Insurance v. Hyundai Merchant Marine Co.Court of Appeals for the Sixth Circuit · 2014
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
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