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ILLINOIS STEEL CO. V. BALTIMORE & OHIO R. CO., 320 U. S. 508 (1944)

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U.S. Supreme Court

Illinois Steel Co. v. Baltimore & Ohio R. Co., 320 U.S. 508 (1944)

Illinois Steel Co. v. Baltimore & Ohio Railroad Co.

No. 99

Argued December 16, 1943

Decided January 3, 1944

320 U.S. 508

Syllabus

1. A State court decision interpreting clauses of a uniform bill of lading prescribed by the Interstate Commerce Commission under authority of the Interstate Commerce Act, in a suit by a carrier to recover charges for an interstate shipment, is reviewable here by certiorari under Jud.Code § 237(b). P. 320 U. S. 511.

2. The consignor of an interstate shipment upon uniform bill of lading stipulated that charges were "to be prepaid," and also signed the "non-recourse" clause. Because of the manner in which the shipment was handled by the consignee upon delivery, a higher rate than that specified in the bill of lading became applicable. Held, that the carrier was not entitled to recover the additional charges from the consignor. P. 320 U. S. 515.

With respect to the charges here, the prepayment clause did not, either by its design or by the intention of the parties, curtail the operation of the "non-recourse" clause. P. 320 U. S. 515.

3. A carrier may insure collection of unanticipated freight charges by demanding, pursuant to § 7 of the conditions of the uniform bill of lading, the consignor's guarantee of all charges. P. 320 U. S. 515.

316 Ill.App. 516, 46 N.E.2d 144, reversed.

Certiorari, post, p. 721, to review a judgment which reversed a judgment for the defendant in a suit to recover freight charges. Leave to appeal to the highest court of the State was denied by that court.





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