Chesapeake & Ohio Coal & Coke Co. v. Toledo & O. C. Ry. Co.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin F. Keller, Judge. Action at law by the Toledo & Ohio Central Railway Company against the Chesapeake & Ohio Coal & Coke Company. Judgment for plaintiff (238 Fed. 629), and defendant brings error.
1Opinion of the Court
KNAPP, Circuit Judge.
The facts are stated in a signed stipulation from which it appears that on July 12, 1909, the above-named railway company, plaintiff below, issued and filed with the Interstate Commerce Commission a “local tariff,” effective August 15, 1909, I. C. C. No. 1668, described in the record as Exhibit A, naming “car demurrage rules and charges applying on coal or coke transferred from cars to vessels and reshipped via Lake.” On April 4, 1911, the plaintiff issued and filed another local tariff, effective May 15, 1911, I. C. C. No. 1856, described as Exhibit B, bearing the same…
2Cases cited2 opinions
- Hite v. Central R. of New JerseyCourt of Appeals for the Third Circuit · 1909
- Horton v. Tonopah & Goldfield R.District Court, D. Nevada · 1914
3Cited by7 opinions
- Davis v. Timmonsville Oil Co.Court of Appeals for the Fourth Circuit · 1922
- Indiana Harbor Belt R. v. Jacob Stern & SonsDistrict Court, N.D. Illinois · 1941
- Illinois Central Railroad Company, Cross-Appellant v. Texas Eastern Transmission Corporation, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1976
- Western Oil & Fuel Co. v. Great Lakes Pipe Line Co.Court of Appeals for the Eighth Circuit · 1954
- Davis v. . Storage Co.Supreme Court of North Carolina · 1923
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