Chicago & Alton Railroad v. Kirby
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. The facts, which involve the validity under the Elkins Act of-a special contract for prompt delivery of goods by . an interstate carrier, are stated in the opinion. ■ The guarantee of special delivery upon which alone this suit was brought is an unlawful discrimination, and, therefore, void. New Haven B. R. Co. v. Int. Com. Comm., 200 ü.
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ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. The facts, which involve the validity under the Elkins Act of-a special contract for prompt delivery of goods by . an interstate carrier, are stated in the opinion. ■ The guarantee of special delivery upon which alone this suit was brought is an unlawful discrimination, and, therefore, void. New Haven B. R. Co. v. Int. Com. Comm., 200 ü. S. 361, 391. The case was brought in assumpsit, not upon the common-law obligation of the railroad to carry within a reasonable time without negligent delay, but upon a special contract of guarantee to…
1Opinion of the CourtJustice Lurton
Action in assumpsit to recover damages for the breach of a special contract for the shipment of a carload of high-grade horses from Springfield, Illinois, to New York city. There was a jury, verdict and judgment, which was affirmed by the Supreme Court of Illinois. The facts essential to be here stated are these: Kirby was engaged in developing high-grade horses, and desired to send a carload to be sold at a public sale to be held in Madison Square Garden,. New York city. Several routes were available, and the published live-stock-rates for carload shipments were the same by each route. It…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Merchants' Cotton Press & Storage Co. v. Insurance Co. of North AmericaSupreme Court of the United States · 1894
3Cited by248 opinions
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- American Telephone & Telegraph Co. v. Central Office Telephone, Inc.Supreme Court of the United States · 1998
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
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