Legal Opinion

Lehigh Valley Railroad v. Star Forwarders, Inc.

Civil Court of the City of New York

Decided February 21, 1968Published

1Opinion of the CourtHarry Gittleson, J.

This is a test case. It is one of four pending actions in this and another court which in the aggregate seek judgment against the defendant totaling the sum of $300,000.

This cause is predicated upon an alleged claim for additional freight charges pursuant to the terms of the plaintiff’s tariff schedules affecting the movement of eight cars originating from New York destined for San Francisco on the 16th of October, 1962.

The plaintiff is a common carrier. The defendant is a freight forwarder. For a long time prior to October 16, 1962 it was the defendant’s custom, with plaintiff’s knowledge…

2Cases cited13 opinions

  1. Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
  2. Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
  3. Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
  4. Steele v. General Mills, Inc.Supreme Court of the United States · 1947
  5. Union Wire Rope Corporation v. Atchison, T. & SF Ry. Co.Court of Appeals for the Eighth Circuit · 1933

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