Pacific Mail S. S. Co. v. Western Pac. R.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the .Second Division of the Northern District of California; Wm. C. Van Fleet, Judge; Action by the Western Pacific Railroad Company, a corporation, against the Pacific Mail Steamship Company, a corporation. There was a judgment for plaintiff, and defendant brings error.
1Opinion of the Court
HUNT, Circuit Judge.
The Western Pacific Railroad Company, to be called “plaintiff,” brought this action against the Pacific Mail Steamship Company to recover $7,341.46, as the inland proportion on freight charges on through shipments moving 'between points in the United States and oriental ports. The Steamship Company, admitted that $5,233.08 of the sum claimed was due, but denied any greater indebtedness. Tender and refusal were had. The Steamship Company, as an offset, pleaded that the terminal tariffs of the Railroad Company published and filed as required by the act to regulate commerce,…
2Cases cited3 opinions
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Lilienthal v. McCormickCourt of Appeals for the Ninth Circuit · 1902
- Donaldson v. Severn River Glass Sand Co.District Court, E.D. Pennsylvania · 1905
3Cited by3 opinions
- Lovetro v. SteersCalifornia Court of Appeal · 1965
- Waters v. Pfister & Vogel Leather Co.Wisconsin Supreme Court · 1922
- United States Fidelity & Guaranty Co. v. Leong Dung DyeCourt of Appeals for the Ninth Circuit · 1931