Virginia-Carolina Peanut Co. v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at December Term, 1913, of Martin. Tbis action was brought to recover the difference between the amount charged by defendant and that collected on shipments of peanut# during the period beginning with 1 January, 1908, and ending with 11 April, 1909, and heard on a case agreed. The shipments moved in interstate commerce from Williamston, N. C., to Philadelphia, Pa., and New York City.
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Appeal by plaintiff from Lyon, J., at December Term, 1913, of Martin. Tbis action was brought to recover the difference between the amount charged by defendant and that collected on shipments of peanut# during the period beginning with 1 January, 1908, and ending with 11 April, 1909, and heard on a case agreed. The shipments moved in interstate commerce from Williamston, N. C., to Philadelphia, Pa., and New York City. Defendant’s agent at "Williamston, on 1 January, 1908, quoted a class rate of 26 cents per 100 pounds, and afterwards refused to deliver certain of the goods to the consignees…
1Opinion of the Court
Walker, J.,
after stating the ease: This case involves the construction of section 6 of the Interstate Commerce Act. We have set out in the above statement so much of this act as relates to the matters in controversy. It is admitted in the case agreed that the rate of 26 cents per hundred pounds to Philadelphia, Pa., which was known as a class rate, was the lawful rate at the time the first shipment was made in January, 1908, and, as we will show, the tariff from which this quotation of the rate was taken rSmained in force throughout the period of the entire shipment of peanuts by interstate…
2Cases cited11 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Kansas City Southern Railway Co. v. C. H. Albers Commission Co.Supreme Court of the United States · 1912
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- Wichita Falls W. Ry. of Texas v. AsherCourt of Appeals of Texas · 1914
- Edenton Cotton Mills v. Norfolk Southern RailroadSupreme Court of North Carolina · 1919
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