Legal Opinion
Sewall v. Weeks Moving & Storage Corp.
Appellate Terms of the Supreme Court of New York
Decided April 24, 1957PublishedCited by 1 opinion
1Per curiam
Notwithstanding the erroneous quotation of a lower rate, plaintiff was required to pay the minimum rate fixed by the tariffs duly filed with the Interstate Commerce Commission (Louisville & Nashville R. R. Co. v. Maxwell, 237 U. S. 94; Pennsylvania R. R. Co. v. Titus, 216 N. Y. 17, 22, 23; Willson v. American Ry. Express Co., 204 App. Div. 59, affd. 239 N. Y. 562).
The judgment should be unanimously reversed on the law and facts, without costs, and complaint dismissed, with appropriate costs in the court below. Appeal from order should be dismissed as academic.
Pette, Hart and Brown, JJ.,…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
- Willson v. American Railway Express Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Willson v. American Railway Express CompanyNew York Court of Appeals · 1924
3Cited by1 opinion
- Ward Trucking Corp. v. Meldon Steel Co.Nassau County District Court · 1964