Legal Opinion

New York, N. H. & H. R. v. Ballou & Wright

Court of Appeals for the Ninth Circuit

Decided June 6, 1917No. 2853PublishedCited by 8 opinions

In Error to the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Petition by Ballou & Wright, a corporation, against the New York, New Haven & Hartford Railroad Company, a corporation, and others. There was a judgment for petitioner, and defendants bring error.

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In Error to the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Petition by Ballou & Wright, a corporation, against the New York, New Haven & Hartford Railroad Company, a corporation, and others. There was a judgment for petitioner, and defendants bring error. Action to recover damages sustained by reason of the exaction and collection of excessive freight rates upon certain carload shipments of motorcycles from Armory, Mass., to defendant in error, at Portland, Or. Judgment for petitioner. Respondents allege error.

1Opinion of the Court

MORROW, Circuit Judge.

1. This is an action brought by the petitioner, a corporation, under section 16 of the act to regulate commerce, approved February 4, 1887 (24 Stat. 379), as amended by Act March 2, 1889, c. 382, § 5, 25 Stat. 859, Act June 29, 1906, c. 3591, § 5, 34 Stat. 590, and Act June 18, 1910, c. 309, § 13, 36 Stat. 554 (Comp. St. 1916, § 8584), to recover from the respondents, as common carriers engaged in interstate commerce, damages awarded to the petitioner by the Interstate Commerce Commission on account of unjust and unreasonable rates charged and collected from the…

2Cases cited3 opinions

  1. Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
  2. Meeker & Co. v. Lehigh Valley RRSupreme Court of the United States · 1915
  3. Southern Pac. Co. v. Goldfield Consol. Milling & Transportation Co.Court of Appeals for the Ninth Circuit · 1915

3Cited by8 opinions

  1. Davis v. ParringtonCourt of Appeals for the Ninth Circuit · 1922
  2. Goodspeed v. DubyOregon Supreme Court · 1929
  3. Clark Oil Co. v. Phillips Petroleum Co.District Court, D. Minnesota · 1944
  4. In Re Coordinated Pretrial Proceedings in Western Liquid Asphalt CasesDistrict Court, N.D. California · 1972
  5. Fireproof Storage Co. v. HinesDistrict Court, E.D. Washington · 1919

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