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Hocking Valley Ry. Co. v. Lackawanna Coal & Lumber Co.

Court of Appeals for the Fourth Circuit

Decided May 4, 1915No. 1319PublishedCited by 9 opinions

In Error to the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin E. Keller, Judge. Action at law by the Hocking Valley Railway Company against the Lackawanna Coal & Lumber Company. From the judgment, plaintiff brings error.

1Opinion of the Court

KNAPP, Circuit Judge.

[1] From August 4 .to November 15, 1910, the Chesapeake & Ohio, Kanawha & Michigan, and Hocking Valley Railroads had in effect a joint proportional tariff on bituminous coal from Kanawha (group No. 2) district to Toledo, Ohio, of 97 cents per ton of 2,000 pounds. The application of this tariff was fixed and limited by a provision therein as follows:

“Note A. Proportional Rates on Cargo Coal when for .Lake Shipments Beyond. — F. O. B. Cars on Dock — The charge for loading from cars to vessels is 5 cents per ton of 2,000 pounds, and will be in addition to the above rates.”

Whi…

2Cases cited2 opinions

  1. Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
  2. Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895

3Cited by9 opinions

  1. Chicago & Eastern Illinois Railroad Company, an Indiana Corporation v. Southern Railway Company, a Virginia CorporationCourt of Appeals for the Seventh Circuit · 1959
  2. Atchison, Topeka & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 1929
  3. Atchison, T. & SFR Co. v. United StatesSupreme Court of the United States · 1929
  4. Great Northern Ry. Co. v. Commodity Credit Corp.District Court, D. Minnesota · 1948
  5. Pittsburgh & Lake Erie Rd. v. Public Utilities CommissionOhio Supreme Court · 1934

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