Legal Opinion · Dissent

Willson v. American Railway Express Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 1922Published

1DissentDavis, J.

I cannot agree in the result reached by a majority of the court, although I do not disagree with some of the principles stated in the prevailing opinion.

In connection with the schedules showing rates and charges for transportation which a carrier is required by statute to file with the Commission, it may also make and file any rules or regulations which in anywise would change, affect or determine any part or the aggregate of such rates and charges. (8 TJ. S. Comp. Stat. § 8569; 24 U. S. Stat. at Large, 380, § 6, as amd. by 34 id. 586, § 2, and 36 id. 548, § 9.) Evidently the appellant did…

2Cases cited10 opinions

  1. Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
  2. Interstate Commerce Commission v. Detroit, Grand Haven & Milwaukee Railway Co.Supreme Court of the United States · 1897
  3. Union Pacific Railroad v. Updike Grain Co. & Crowell Lumber & Grain Co.Supreme Court of the United States · 1911
  4. Illinois Central Railroad v. SeitzIllinois Supreme Court · 1905
  5. New York Central Railroad v. Federal Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1922

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