Legal Opinion
Erie Railroad v. F. Kieser & Son Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 1926Published
1Opinion of the CourtCochrane, P. J.
The shipment in question was interstate. Under the provisions of the Interstate Commerce Act the term “ transportation ” includes storage charges. (24 U. S. Stat. at Large, 379, § 1, subds. 3-6, as amd. by Transportation Act of 1920 [41 id. 474, 475], § 400; Cleveland, Cincinnati, etc., Railway Co. v. Dettlebach, 239 U. S. 588, 593.) It is alleged in the complaint that the charges in question corresponded to the schedules of charges and rates on file with the Interstate Commerce Commission and a recovery herein by the plaintiff must depend on the establishment of that fact. (Keogh v. Chicago…
2Cases cited9 opinions
- Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DettlebachSupreme Court of the United States · 1916
- Burke v. . Union Pacific R.R. Co.New York Court of Appeals · 1919
- Stieffel v. TolhurstAppellate Division of the Supreme Court of the State of New York · 1900
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