Legal Opinion
Pennsylvania Railroad v. Moore-McCormack Lines, Inc.
District Court, S.D. New York
Decided October 4, 1965PublishedCited by 6 opinions
1Opinion of the Court
RYAN, Chief Judge.
Plaintiff railroad moves for summary judgment to recover demurrage under a tariff filed with the Interstate Commerce Commission. Jurisdiction is based on Sec. 1 et seq., 49 U.S.C.A., and Sec. 1337, 28 U.S.C.A.
The essential facts are undisputed. Defendant has attempted to raise five issues, but one is a factual one which we find can be determined on the record.
The claim in suit is brought by plaintiff as a railroad carrier to recover demurrage for defendant consignee’s failure to release plaintiff’s equipment consisting of three lighters. The only question is whether…
2Cases cited3 opinions
- Aktieselskabet Dampskibselskabet Af 1912 v. 20,029 Bags of SugarCourt of Appeals for the Second Circuit · 1920
- Sinclair Refining Co. v. SchaffCourt of Appeals for the Eighth Circuit · 1921
- Great Northern Railway Company v. The United StatesUnited States Court of Claims · 1963
3Cited by6 opinions
- Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
- Union Pacific Railroad v. United StatesUnited States Court of Claims · 1974
- Chicago, Burlington & Quincy Railroad Company v. The United StatesUnited States Court of Claims · 1971
- Delaware And Hudson Railway Company, Inc. v. Offset Paperback Manufacturers, Inc.Court of Appeals for the Second Circuit · 1997
- Delaware & Hudson Railway Co. v. Offset Paperback Manufacturers, Inc.Court of Appeals for the Second Circuit · 1997
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