Legal Opinion

Western & Atlantic R. v. Underwood

District Court, N.D. Georgia

Decided July 13, 1922No. 520PublishedCited by 40 opinions

At Law. Action by the Western & Atlantic Railroad Company and others against J. R. Underwood. Trial to court.

1Opinion of the Court

SIBLEY, District Judge.

This case was submitted by stipulation of the parties to the court without a jury. I find the facts to be as follows;

Goods owned by the Merriman Potash Products Company were-shipped by it, in interstate commerce, to “J. R. Underwood, Agent,” on a straight bill of lading reciting that the freight had been prepaid. As between the company and Underwood, he was not liable to pay the freight, but was to receive and sell the goods as the shipper’s agent, and account for the proceeds. On arrival it was discovered that the full lawful freight charges had not been paid, and a…

2Cases cited8 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FinkSupreme Court of the United States · 1919
  2. New York Central & Hudson River Railroad v. York & Whitney Co.Supreme Court of the United States · 1921
  3. Louisville & Nashville Railroad v. RiceSupreme Court of the United States · 1918
  4. Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
  5. Union Pac. R. v. American Smelting & Refining Co.Court of Appeals for the Eighth Circuit · 1912

3 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. United States v. Mason & Dixon Lines, Inc.Court of Appeals for the Sixth Circuit · 1955
  2. Empire Petroleum Company v. Sinclair Pipeline Company, Sinclair Pipeline Company, Cross-Appellant v. Empire Petroleum Company, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1960
  3. Missouri Pacific Railroad Co. v. National Milling Co.District Court, D. New Jersey · 1967
  4. Griffin Grocery Co. v. Pennsylvania RailroadCourt of Appeals of Georgia · 1956
  5. Southern Pacific Co. v. Wheaton Brass WorksSupreme Court of New Jersey · 1950

35 more not listed; retrieve them via the Exa API.

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