Onondaga Golf & Country Club v. Syracuse & Suburban Railroad
New York Supreme Court
Action for specific performance of a contract made between the plaintiff and the defendant under date of October 17, 1900, whereby defendant agreed to give to the members of the Onondaga Golf and Country Club a round trip rate of fifteen cents from Syracuse to the club grounds and return.
1Opinion of the CourtHubbs, J.
The test for determining whether or not an agreement between a common carrier and a shipper or passenger fixing a rate lower than the ordinary rate was a legal agreement under the common law seems to have been fairly well settled by the decisions in this state and in the United States courts. The test, as I understand it, was substantially this: If on competent and sufficient evidence the trial court found as a fact that the general and ordinary rate, the highest rate charged the general public, was a fair and reasonable rate, contracts for a lower rate made with a “ particular customer or…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
- Buffalo East Side Railroad v. Buffalo Street RailroadNew York Court of Appeals · 1888
- Baltimore & Ohio Railroad v. La DueAppellate Division of the Supreme Court of the State of New York · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Winfield v. Public Service CommissionIndiana Supreme Court · 1911
- Helena Light & Ry. Co. v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
- People ex rel. New York Steam Co. v. StrausAppellate Division of the Supreme Court of the State of New York · 1919