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Articles 1 - 19 of 19
Full-Text Articles in Law
Recent Trends In Transport Rate Regulation, Leonard S. Goodman
Recent Trends In Transport Rate Regulation, Leonard S. Goodman
Michigan Law Review
The object of this Article is to describe the trends in the Commission's work during the 1960's in some of the areas of rate regulation that could not be settled by mere reference to costs, and in other areas of changing rate policy. This was a prolific period for the Commission, one that involved many rate innovations and a sense of new direction in certain aspects of rate regulation. The present discussion of the Commission's rate work is in no sense complete; and there is no intention to make it so. By emphasizing the decisions of the recent decade, I …
Interstate Commerce - Right Of State To Deny Use Of Highways To Carrier Having Certificate From Interstate Commerce Commission, Ralph Winkler
Interstate Commerce - Right Of State To Deny Use Of Highways To Carrier Having Certificate From Interstate Commerce Commission, Ralph Winkler
Michigan Law Review
A common carrier engaged in interstate commerce applied to the Interstate Commerce Commission for a certificate of convenience and necessity as required by section 206 of the Federal Motor Carrier Act of 1935. The carrier relied on the proviso authorizing the commission to grant a certificate without a showing of public convenience and necessity where the applicant was a carrier in bona fide operation on June 1, 1935; the statute further privileged a carrier applying for a certificate under this proviso to continue operation pending determination of its application. The State Railroad Commission of Texas earlier in 1934 had denied …
Interstate Commerce - Jurisdiction Of Interstate Commerce Commission - "Tacking" Of Intrastate Hauls
Interstate Commerce - Jurisdiction Of Interstate Commerce Commission - "Tacking" Of Intrastate Hauls
Michigan Law Review
The coal company shipped coal from its mines in Pennsylvania by means of its own private railway, river barges, and tugs to a point in Ohio where the coal was unloaded, washed, freed from impurities, and sorted into appropriate sizes. Thereafter it was delivered by the company to a common carrier in Ohio for transportation to points within the state to .fill orders often not received until after the coal left the mines. Held, the haul by the common carrier in Ohio is not subject to the jurisdiction of the Interstate Commerce Commission and is intrastate commerce which may …
Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper
Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper
Michigan Law Review
The plaintiff was engaged in business as a common carrier of goods by motor vehicle. He transported goods between the docks of Los Angeles harbor and points in and around Los Angeles, but all the goods which he carried were originally shipped in from or were consigned to destinations outside the State. His operations, however, were independent of the operations of connecting carriers. The California Railroad Commission ordered the plaintiff to cease operations until he secured a certificate of public convenience and necessity. Held, on review, that the plaintiff was engaged in interstate commerce, and that the Commission's order …
Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier
Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier
Michigan Law Review
Much of the doubt and uncertainty concerning the power of the States to regulate the contract motor carrier has been dispelled by the recent decision of the Supreme Court of the United States in the case of Stephenson et al. v. Binford et al. A Texas statute specifically defined the two categories of common and contract carriers for hire and undertook to regulate the business of each through the agency of the State Railroad Commission; the statute required contract carriers to secure "permits" which were to be granted by the commission only after a hearing and not if the …
Carriers - Ferries - Liability For Automobile Lost In Transit
Carriers - Ferries - Liability For Automobile Lost In Transit
Michigan Law Review
The plaintiff purchased a ticket for passage on the defendant's ferry and drove his car aboard. During transit, and through no negligence on the part of the defendant, the boat ran upon a stone piling and sank. Held, that the defendant, although a common carrier, had not received and accepted the automobile, and therefore was not subject to insurer's liability. Mercer v. Christiana Ferry Co. (Del. 1930) 155 Atl. 596.
Carriers-Statute Of Limitations For Bringing Suit For Injury To Goods
Carriers-Statute Of Limitations For Bringing Suit For Injury To Goods
Michigan Law Review
A recent case decided by the Supreme Court of the United States suggests the query-ls there a federal statute of limitations for bringing suit for injury to goods in an interstate shipment? The answer depends on the interpretation of the Cummins Amendment of March 4, 1915 and the Transportation Act of 1920. The relevant and germane provision of these acts as to the time limit for commencing suit for injury to goods on an interstate carriage is "That it shall be unlawful for any such common carrier to provide by rule, contract, or regulation a shorter period for giving notice …
Interstate Commerce Commission - Intrastate Rates, Edwin C. Goddard
Interstate Commerce Commission - Intrastate Rates, Edwin C. Goddard
Articles
The marvelous possibilities for collision between State and Nation involved in our dual form of government are nowhere better or more often exhibited than in commerce regulation. We have long been learning the definition of the commerce which the constitution gives Congress power to regulate. It is only recently that we are finding how this power reaches over into purely intrastate business done by a carrier also engaged in interstate commerce. That nearly all rail carriers are now engaged in such business, even when their lines are wholly intrastate, has been often illustrated under the Second Employer's Liability Act. In …
Reasonable Rates, Henry Hull
Reasonable Rates, Henry Hull
Michigan Law Review
The principles underlying the decisions of the Interstate Commerce Commission are, for the most part, admittedly sound principles, and their number is not inordinately great. But to lawyers, and students of law, the application of these principles seems, in casual reading, to be made as whim or fancy dictates. It is a frequent complaint of the lawyer that there is no law in rate decisions.
Carmack Amendment In The State Courts, Wayland H. Sanford
Carmack Amendment In The State Courts, Wayland H. Sanford
Michigan Law Review
Prior to the leading case of Adams Express Co. v. Croninger,'- decided January 6th, 1913, there was much diversity in the decisions of the state courts as to the validity of contracts between shippers and carriers limiting the amount of the carrier's liability for injuries to goods shipped. Such limitations were held valid in some states, but invalid in others, and in some were declared invalid by statutes or constitutional provisions.2 State rules were applied to interstate as well as intrastate shipments, it being supposed that Congress had not legislated upon the subject. The CARMACK AmlNDVNT of i9o6s provided that …
Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross
Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross
Michigan Law Review
The coming into force on January I, 1917 in the United States of the FXDMAL BILL Or LADING AcT1 has given new interest to a question which was at one time much debated, namely: should a carrier whose shipmaster or agent has signed a bill of lading be liable to an innocent holder for value of such bill of lading if the carrier can show that the goods were never shipped?
Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard
Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard
Articles
A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $50. Geo. N. Pierce Co. v. Wells Fargo & Co., 189 Fed. 561, commented on in 10 MICH. L. REB. 317. The United States Supreme Court has just affirmed this decision, 35 Sup. Ct. 351.
The Commodity Clause Of The Hepburn Act, Edwin C. Goddard
The Commodity Clause Of The Hepburn Act, Edwin C. Goddard
Articles
The Supreme Court of the United States has added another to the interesting line of cases construing the so-called "Commodity Clause" of the HEPBURN ACT of 1906. In United States v. Delaware, Lackawanna & Western Railroad Co. and the Delaware, Lackawanna & Western Coal Co., decided on June 21, 1915, 35 Sup. Ct. 873, the court reversed the decree of the District Court as reported in 213 Fed. 240, and found the relation and contract between the Railroad Company and the Coal Company to be in violation of the HEPBURN ACT and the SHERMAN ACT.
The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard
The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard
Articles
An understanding of the present day liability of the common carrier under conditions as they exist, especially in interstate shipments, is best reached by an historical journey from the early decisions of the Supreme Court of the United States to the end of the year just past.
The Effect Of The Carmack Amendment To The Hepburn Act Upon Limitation By Common Carriers Of The Amount Of Their Liability, Edwin C. Goddard
The Effect Of The Carmack Amendment To The Hepburn Act Upon Limitation By Common Carriers Of The Amount Of Their Liability, Edwin C. Goddard
Articles
Two cases, decided by the Supreme Court of the United States on March 1O, 1913, may be considered together. They are developments of the cases reviewed in 11 MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of "household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed a judgment against the carrier for the full value. 91 Ark. 97, 121 S. W. 932, 134 A. S. R. 56. On …
The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke
The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke
Michigan Law Review
The visible universe, from the giant constellation down to the infinitesimal corpuscle, is in a condition of eternal movement, or, we may say, a condition of eternal transportation. Indeed, there seems to be no phenomenon more universal than this transportation. But we are to here consider it merely as a phenomenon of life, in particular, of human life. In common with other higher animals, man possesses organs that characterize him as a being eminently fitted for transportation; his arms; his legs; even his vocal organs, fitted for transportation (or transmission) of the intangible, that is, of intelligence communicated from one …
The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory
The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory
Michigan Law Review
In the historic case of M'Culloch v. Maryland, CHIEF Justice Marshall said, referring to the Federal Government: "This government is acknowledged by all to be one of enumerated powers. The principle that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted, but the question respecting the extent of the powers actually granted is perpetually arising and will probably continue to arise as long as …
Outlines Of The Law Of Bailments And Carriers, Edwin C. Goddard
Outlines Of The Law Of Bailments And Carriers, Edwin C. Goddard
Books
The Outlines of Bailments and Carriers form part of a complete work on that subject intended for the use of classes in law schools. The other part, which is nearly ready for publication, consists of select cases illustrating and amplifying principles stated in the Outlines. It is the purpose of the Outlines not only to state the foundation principles of the subject, but to put these in orderly and consecutive form in order that the student may have an opportunity to see the subject as a whole. It is believed that any study of the cases without some such connected …
Report Of Messrs. Thurman, Washburne, & Cooley, Constituting An Advisory Committee On Differential Rates By Railroads Between The West And The Seaboard., Allen G. Thurman, E. B. Washburne, Thomas M. Cooley
Report Of Messrs. Thurman, Washburne, & Cooley, Constituting An Advisory Committee On Differential Rates By Railroads Between The West And The Seaboard., Allen G. Thurman, E. B. Washburne, Thomas M. Cooley
Books
In January, 1882, the undersigned were notified that they had been selected by the New.York Central & Hudson River Railroad Company, W. H. Vanderbilt, P1·esident; the New York, Lake Erie & Western Railroad Company, H. J. Jewett, President; the Pennsylvania Railroad Company, G. B. Roberts, President, and the Baltimore & Ohio Railroad Company, John W. Garrett, President, to act as an Advisory Commission upon " the differences in rates that should exist, both eastwardly and westwardly, upon all classes of freights between the several terminal Atlantic ports," and to report upon the same.