Lakewood Engineering Co. v. New York Cent. R.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action by the New York Central Railroad Company against the Lakewood Engineering Company. There was a judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action by the New York Central Railroad Company against the Lakewood Engineering Company. There was a judgment for plaintiff, and defendant brings error. The plaintiff in error contracted with the French government to manufacture and sell a quantity of portable railway track, and, in executing the contract, had occasion to ship largo quantities of this material over the road of the defendant in error, to New York, for export. The track- was manufactured and…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] Without doubt, the shipper had the full right to refrain from assembling its ultimate product or to disassemble the same for shipment in any way which would make the shipment take a lower tariff rate than if the article were in final form. In re Suspension of Western Classification No. 51, I. C. C. No. 9, 25 I. C. C. 444, 487. If, therefore, within the true meaning of these two tariffs considered together, the defendant’s product, in the form in which it was shipped, was rightly billed under the commodity tariff, the shipper has paid in full all lawful…
2Cases cited1 opinion
- Marvel v. MerrittSupreme Court of the United States · 1885
3Cited by2 opinions
- Union Pacific Railroad v. United StatesUnited States Court of Claims · 1953
- Union Pac. R. Co. v. United StatesUnited States Court of Claims · 1953