United States ex rel. Kellogg v. Lehigh Val. R.
District Court, W.D. New York
Petition for writ of mandamus, under the interstate commerce act, on relation of Spencer Kellogg and another. On demurrer to petition.
1Opinion of the Court
HAZEL, District Judge.
It appears by the pleadings that the relators desired to ship 50,000 bushels of corn from Buffalo, N. Y., to New York City, over the railroad of the respondent, a Pennsylvania corporation operating its railroad through the states of New York, Pennsylvania, and New Jersey. The corn was purchased by the re*374lators in Chicago, Ill., and conveyed from there to Buffalo, N. Y., by lake vessels. It does not clearly appear when the grain was shipped to Buffalo. On its arrival at Buffalo; it was elevated at the Kellogg Elevator, of which the relators are the owners, and remained…
2Cases cited4 opinions
- Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894
- Lehigh Valley Railroad v. PennsylvaniaSupreme Court of the United States · 1892
- Ex parte KoehlerUnited States Circuit Court · 1887
- United States ex rel. Interstate Commerce Commission v. Chicago, K. & S. R.U.S. Circuit Court for the District of Western Michigan · 1897
3Cited by4 opinions
- United States v. Delaware, L. & W. R.U.S. Circuit Court for the District of Southern New York · 1907
- United States v. YohnDistrict Court, S.D. New York · 1921
- City of Leavenworth v. EwingSupreme Court of Kansas · 1909
- Davenport v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1905