Pennsylvania Railroad v. Titus
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James L. Titus, from an order of the Appellate Term of the' Supreme Court, entered in the office of the clerk of the county of New York on the 4th day of December, 1912, affirming a judgment of the Municipal Court of the city of New York in favor of the plaintiff entered in the office of the clerk of said court on the 20th day of June, 1912.
1Opinion of the Court
Laughlin, J.:
This case was submitted to the trial court on an agreed statement of facts, which relate to interstate commerce and present the question as to whether, where through inadvertence or mistake the carrier fails to charge the full amount of the freight required by the Interstate Commerce Act, so called, and its filed tariff schedules, the consignee of the goods for sale who accepts delivery and pays the stated charges, and thereafter sells the goods and accounts to his principal, the shipper in another State, therefor, deducting the freight charges paid and his commissions and other…
2Cases cited6 opinions
- Illinois Central Railroad v. Henderson Elevator Co.Supreme Court of the United States · 1913
- Merrick v. . GordonNew York Court of Appeals · 1859
- Baltimore & Ohio Railroad v. La DueAppellate Division of the Supreme Court of the State of New York · 1908
- Davison v. . City BankNew York Court of Appeals · 1874
- Elwell v. . SkiddyNew York Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- 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
- Philadelphia & Reading Railway Co. v. International Motor Co.Superior Court of Pennsylvania · 1924
- Atchison, Topeka & Santa Fe Railway Co. v. WagnerSupreme Court of Kansas · 1918
- Cornelius & Co. v. Central of Georgia Ry. Co.Alabama Court of Appeals · 1915
8 more not listed; retrieve them via the Exa API.