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NEW YORK, P. & N. R. CO. V. PENINSULA EXCHANGE, 240 U. S. 34 (1916)

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U.S. Supreme Court

New York, P. & N. R. Co. v. Peninsula Exchange, 240 U.S. 34 (1916)

New York, Philadelphia & Norfolk Railroad

Company v. Peninsula Produce Exchange

No. 137

Argued December 15, 16, 1915

Decided January 24, 1916

240 U.S. 34

Syllabus

The Carmack Amendment of June 29, 1906, extends to failure to transport with reasonable dispatch, and under it there can be a recovery from the initial carrier for loss, damage, or injury for such failure although on the line of the connecting carrier.

A subsequent legislative interpretation of a statute is entitled to great weight.

A condition of the tariff filed with the Interstate Commerce Commission that the carrier was not bound to transport on a particular train or vessel to arrive at a particular market or otherwise than with reasonable dispatch does not relieve the carrier from liability under the Carmack Amendment for not delivering with reasonable dispatch, although the delay may have been on line of connecting carrier.

In this case, the state court did not deny to the carrier any federal right in charging that the liability for unreasonable delay in delivering a carload of berries was the amount of the decline in value due to the delay at the place of destination without stating the limitation in the filed tariff that the damages should not exceed the value at the time and place of shipment, the amount awarded being less than such value.

122 Md. 215 affirmed.

The facts, which involve the construction and application of the Carmack Amendment to damages for delay, are stated in the opinion. chanroblesvirtualawlibrary

Page 240 U. S. 36





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