United States v. Lehigh Val. R. Co.

• Decision Date: 02 April 1902
• Citation: 115 F. 373
• Parties: UNITED STATES ex rel. KELLOGG et al. v. LEHIGH VAL. R. CO.
• Court: U.S. District Court — Western District of New York

115 F. 373

UNITED STATES ex rel. KELLOGG et al. v. LEHIGH VAL. R. CO.

United States District Court, W.D. New York.

April 2, 1902

George L. Lewis, for petitioners.

Bissell Carey & Cooke (Martin Carey and James McC. Mitchell, of counsel), for respondent.

HAZEL District Judge.

It appears by the pleadings that the relators desired to ship 50,000 bushels of corn from Buffalo, N.Y., to New York City over the railroad of the respondent, a Pennsylvania corporation operating its railroad through the states of New York, Pennsylvania, and New Jersey. The corn was purchased by the relators in Chicago, Ill., and conveyed from there to Buffalo, N.Y by lake vessels. It does not clearly appear when the grain was shipped to Buffalo. On its arrival at Buffalo, it was elevated at the Kellogg Elevator, of which the relators are the owners, and remained elevated until the relators desired to reship the same to New York City for foreign delivery. There is no allegation of a through bill of lading from the initial point of shipment. The petition shows that the relators were required and compelled by the respondent railroad company, about August 1, 1900, to pay for the reshipment of such grain from Buffalo, N.Y., to the city of New York, one-half cent per bushel more than was charged to other shippers of like grain, who sent their grain through other elevators located at Buffalo, and with which respondent had an agreement by which all elevated grain would be reshipped by it and delivered to the consignee at a specified price per bushel. Other averments in the petition show shipment at various times during the lake season of 1900, from other points in various states bordering on the lakes, to Buffalo, N.Y. The initial consignment in each instance was to the relators, and the grain, on its arrival at Buffalo, was transferred from the ship to the Kellogg Elevator, where it remained until a sale thereof was perfected. Thereupon a demand for cars and rates of shipment per bushel to New York City was made on the respondent, who exacted a greater rate for conveying the grain to New York City than it exacted or required other shippers to pay.

This proceeding is laid in the district court, and any relief granted must be obtained under the provisions of the interstate commerce act. Those provisions are claimed by the relators to have been violated by respondent in its refusal to move interstate traffic at the same rates as are charged or upon terms and conditions as...