Chesapeake & Ohio Ry. Co. v. Westinghouse Co., 270 U.S. 260 (1926)

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Chesapeake & Ohio Railway Company v.

Westinghouse, Church, Kerr & Co., Inc.
Nos. 170 and 171

Argued January 25, 1926
Decided March 1, 1926
270 U.S. 260

CERTIORARI TO THE SUPREME COURT OF APPEALS

OF THE STATE OF VIRGINIA

Syllabus

1. Where spotting service is included in the line-haul tariff charge, the carrier cannot charge extra for it, even when done by assigning a special engine and crew for handling the cars on a shipper’s industrial tracks to expedite delivery at a time of freight congestion at the terminal. P. 265.

2. A contract for such special service held void, and the extra charge under it uncollectible, both because such charge was illegal and because such special service was an undue preference. P. 266.

138 Va. 647 affirmed. ,

Certiorari to judgments of the Supreme Court of Appeals of Virginia, affirming judgments rendered for the respondents in two actions brought, the one by the railway company, the other by the Director General of Railroads, to recover special charges for the use of an engine and crew.