Delaware, Lackawanna & Western Railroad v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NEW YORK. . The facts, which involve the construction of the Commodities Clause of the Hepburn Act of June 29,1906, are stated in the opinion. The hay in question was not owned by the Railroad Company during the transportation thereof from Black Rock to Scranton. The title to said hay did not pass to the Railroad Company until it accepted the hay after an inspection, thereof at the mines.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NEW YORK. . The facts, which involve the construction of the Commodities Clause of the Hepburn Act of June 29,1906, are stated in the opinion. The hay in question was not owned by the Railroad Company during the transportation thereof from Black Rock to Scranton. The title to said hay did not pass to the Railroad Company until it accepted the hay after an inspection, thereof at the mines. The acceptance of goods by a.buyer is necessary to completely transfer the title. 35 Cyc. 306; Hershiser v. Detone, 24 Nebraska,…
1Opinion of the CourtJustice Lamar
The Delaware, Lackawanna & Western Railroad Company was indicted for hauling, over its lines, between Buffalo, New York, and Scranton, Pennsylvania, twenty carloads of hay, belonging to the Company, but not necessary for its use as a common carrier. This transportation was charged to be in violation of the Commodities Clause of the Hepburn Act, June. 29, 1906, c. 3691, • 34 Stat. 585, which makes it unlawful “for any railroad company to transport in interstate commerce any article . . . it may own . . . or in which it may have any interest . . . except such ... as may be necessary ... for its…
2Cases cited6 opinions
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
- McCray v. United StatesSupreme Court of the United States · 1904
- Day v. . PoolNew York Court of Appeals · 1873
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- Hocking Valley Ry. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1914
- State v. United States Express Co.Supreme Court of Iowa · 1914
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
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