E. D. Clough & Co. v. Boston & Maine Railroad
Supreme Court of New Hampshire
Assumrsit, to recover'back freight charges of $1,636 alleged to have been unlawfully collected from the plaintiffs by the defendants on certain shipments of lumber, to wit, the sum of $2 per car upon 818 carloads shipped between points on' the Concord & Montreal, Northern, Concord & Claremont, and Tilton & Belmont Railroads and other points situated on the defendants’ railway system.
Read the full summary
Assumrsit, to recover'back freight charges of $1,636 alleged to have been unlawfully collected from the plaintiffs by the defendants on certain shipments of lumber, to wit, the sum of $2 per car upon 818 carloads shipped between points on' the Concord & Montreal, Northern, Concord & Claremont, and Tilton & Belmont Railroads and other points situated on the defendants’ railway system. Transferred from the October term, 1912, of the superior court'by Chamberlin, J. The shipments were of four classes: (1) From a point in this state on one of said roads to another point in this state on the same…
1Opinion of the Court
A portion of the charges here complained of were on interstate shipments. As to these the defendant alleges that they were collected according to rates lawfully filed and published according to the provisions of the interstate commerce acts. This is a valid defence. It is settled by a line of uniform decisions of the supreme court of the United States, that once schedules are so filed and published, the sole remedy of the shipper is by a complaint to the interstate commerce commission. This jurisdiction cannot be infringed upon by previous contract of the parties, nor by statutes enacted by…
2Cases cited10 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Western Union Telegraph Co. v. Kansas Ex Rel. ColemanSupreme Court of the United States · 1910
- Northern Pacific Railway Co. v. Washington Ex Rel. AtkinsonSupreme Court of the United States · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- American Surety Co. of New York v. SteenSupreme Court of Oklahoma · 1922
- Miller v. EiseleSupreme Court of New Jersey · 1933
- State v. New Hampshire Gas Electric Co.Supreme Court of New Hampshire · 1932
- Young Women's Christian Ass'n v. PortsmouthSupreme Court of New Hampshire · 1937
- S. D. Warren Co. v. Maine Central RailroadSupreme Judicial Court of Maine · 1926
6 more not listed; retrieve them via the Exa API.