Legal Opinion

Lyne v. Delaware, L. & W. R.

U.S. Circuit Court for the District of New Jersey

Decided July 9, 1908Published

At Law. On demurrer to declaration.

1Opinion of the Court

LANNING, District Judge.

The plaintiff seeks to recover from the defendant damages for alleged violations of the interstate commerce law (Act Feb. 4, 1887, c. 104, 24 Stat. 384 [U. S. Comp. St. 1901, p: 3154]). The declaration is demurred to. One of the causes of demurrer is that the declaration fails to'state a cause of action. The substantial averments of the declaration are that between November 15, 1901, and November 1, 1906, the defendant’s published rate of storage charges was $1 per car per day after the expiration of 48 hours allowed as “free time”; that during the period between…

2Cases cited3 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Ratican v. Terminal R. Ass'nU.S. Circuit Court for the District of Eastern Missouri · 1902
  3. Carter v. New Orleans & N. E. R.Court of Appeals for the Fifth Circuit · 1906

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