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· 12/14/1914

Berwind-White Coal Mining Co. v. Chicago & Erie Railroad

Citations

  • 235 U.S. 371
  • 35 S. Ct. 131
  • 59 L. Ed. 275
  • 1914 U.S. LEXIS 978

Syllabus

<p>Filing with the Interstate Commerce Commission the book of rales as to demurrage of the Car Service Association, of which the railroad is a member, with a statement as to what its rates will be, held, in this case, to be a compliance with the provisions of the Act to Regulate Commerce requiring filing of tariff sheets, no objection having been taken as to form, and it appearing that the documents were adequate to give notice and that there was proof of posting.</p> <p>Although cars billed for reconsignment may not have actually reached the point named as destination, demurrage may attach for the time held after reaching the point convenient to the belt line for transfer where, under usual practice for many years, cars so billed were held for reconsignment.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding filed rates effective because they were “adequate to give notice” of rate charged, although allegedly “not sufficiently formal to comply with the law”
  • tariff enforceable despite nonconformity to page format requirements
  • tariff enforceable despite nonconformity to page format requirements

Source: CourtListener parenthetical corpus (CC0).

Judges: White

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.