Davis v. Henderson, 266 U.S. 92 (1924)

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Davis v. Henderson

No. 44

Submitted October 8, 1924
Decided October 27, 1924
266 U.S. 92

ERROR AND CERTIORARI TO THE SUPREME COURT

OF THE STATE OF ARKANSAS

Syllabus

1. A judgment of a state court rendered against an interstate carrier, when under federal control, through failure to give effect to a rule in its tariff, held reviewable by certiorari, and not by writ of error. P. 93

2. A tariff rule, approved by the Interstate Commerce Commission, providing that orders for cars given the carrier’s local agent must be in writing cannot be waived by the carrier through the agent’s acceptance of oral notice from the shipper. Id.

157 Ark. 43 reversed.

Error and certiorari to a judgment of the Supreme Court of Arkansas affirming a judgment against a carrier in an action by a shipper for failure to furnish a car within a reasonable time after notice.