Fahey v. Baltimore & Ohio Railroad
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City (Gontkk, J.). Action by John T. Fahey and others, copartners trading' as John T. Fahey & Company, against the Baltimore and Ohio Railroad Company. From a judgment for defendant, plaintiffs appeal. The so-called “Cummins Amendment” of the Interstate Commerce Act (38 Stat. at.
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Appeal from the Superior Court of Baltimore City (Gontkk, J.). Action by John T. Fahey and others, copartners trading' as John T. Fahey & Company, against the Baltimore and Ohio Railroad Company. From a judgment for defendant, plaintiffs appeal. The so-called “Cummins Amendment” of the Interstate Commerce Act (38 Stat. at. L. 1190) provided in effect that any common carrier receiving goods for transportation “from a point in one state or territory or the District of Columbia to a point in another .state, territory or the District of Columbia, or from any point in the United States to a point…
1Opinion of the CourtUrner, J.
Eight carloads of grain, purchased by the plaintiffs, were destroyed in accidents while in course of railway conveyance to Baltimore from points in Nebraska, Michigan, Indiana and Ohio. The defendant railroad company, on whose line .the losses occurred, paid to the plaintiffs the value of the grain at the time and place of shipment. This was the measure of damages prescribed by the bills of lading under which the grain was being transported, hut it did not fully compensate the plaintiffs for the losses, actually sustained. The liability of the carrier could not be thus restricted unless, the…
2Cases cited13 opinions
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Coe v. ErrolSupreme Court of the United States · 1886
- Brown v. HoustonSupreme Court of the United States · 1885
- Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913
- Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
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3Cited by3 opinions
- Dexter & Carpenter, Inc. v. DavisCourt of Appeals for the Fourth Circuit · 1922
- The Ansaldo San Giorgio IDistrict Court, S.D. New York · 1933
- Lesser-Goldman Cotton Co. v. Missouri Pacific RailroadSupreme Court of Missouri · 1928