Pennsylvania Railroad v. M. O. Coggins Co.
Citations
- 38 Pa. Super. 129
- 1909 Pa. Super. LEXIS 100
Syllabus
<p>Constitutional law — Interstate commerce — Storage of goods in cars— Carriers — Railroads—Act of May 24,1907, P. L. 229.</p> <p>1. The Pennsylvania Act of May 24, 1907, P. L. 229, providing maximum car service charges, including car storage charges, that railroad companies may impose, is invalid as to goods and cars engaged in interstate commerce, in view of the fact that congress has legislated on the subject by the federal acts of February 4,1887, 24 Stat. at Large, 379, and June 29, 1906, 34 Stat. at Large, 584.</p> <p>2. When goods are shipped from one state into another and upon arrival at their destination remain in the cars placed upon public sidings, they continue a part of the interstate commerce transaction until unloaded.</p> <p>3. A state has no power to prescribe that a consignee, who has received a car the property of a common carrier of another state containing goods which have been consigned from another state, shall have practically three days of free time within which to unload the car and shall, if he wishes, have the right to retain the car, while standing upon the public sidings of the final carrier, for an indefinite period upon payment for the same at the rate of $1.00 per day.</p>
Judges: Beaver, Head, Henderson, Morrison, Oklady, Porter, Rice
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