Legal Opinion

Penn Refining Co. v. Western New York & Pennsylvania Railroad

Supreme Court of the United States

Decided January 27, 1908No. 27PublishedCited by 22 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The plaintiff in error, who was plaintiff below, seeks to review a judgment of the Circuit Court of Appeals for the Third Circuit,- 137 Fed.

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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The plaintiff in error, who was plaintiff below, seeks to review a judgment of the Circuit Court of Appeals for the Third Circuit,- 137 Fed. Rep. 343, reversing absolutely and without allowing a writ of “venire facias de novo,” the judgment of the Circuit Court of the United States for the Western District of Pennsylvania in favor of the plaintiff company- for $8,579, with interest.from May 15, 1894; in all, $12,706'.92. This sum was made up of the charge of fourteen cents for the weight of ■ the barrel in which oil was transported…

1Opinion of the CourtJustice Peckbam

The questions arising on this writ of error are, in some respects,' different in regard to the different railroads who are defendants in error, but as to the matters now to be discussed all occupy the same position.

In’ their petition to the Commission the petitioners in that proceeding complained of the rate of transportation of oil to Perth Amboy, fixed by the carriers at sixty-six cents per barrel, the weight of the barrel being included and charged for in that amount, which rate, it was asserted, was unreasonable and excessive.

-In the opinion of the Commission, Sled with its order, in…

2Cases cited1 opinion

  1. Interstate Commerce Commission v. Louisville & Nashville RailroadSupreme Court of the United States · 1903

3Cited by22 opinions

  1. United States v. Illinois Central RailroadSupreme Court of the United States · 1924
  2. Interstate Commerce Commission v. DiffenbaughSupreme Court of the United States · 1911
  3. Texas & Pacific Railway Co. v. United StatesSupreme Court of the United States · 1933
  4. Louisville & Nashville Railroad v. Sloss-sheffield Steel & Iron Co.Supreme Court of the United States · 1925
  5. Central Railroad v. United States & Interstate Commerce CommissionSupreme Court of the United States · 1921

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