Sewall v. Weeks Moving Storage Corp.

Full title: CHARLES H. SEWALL, Respondent, v. WEEKS MOVING STORAGE CORP., Appellant

Court: Supreme Court, Appellate Term, Second Department

Date published: Apr 24, 1957

9 Misc. 2d 338 (N.Y. App. Term 1957)

172 N.Y.S.2d 773

Opinion

April 24, 1957

Appeal from the District Court of Nassau County, ALBERT C. MOORE, J.

Robert Pratt for appellant.

Charles H. Sewall, respondent in person.

Per Curiam.

Notwithstanding the erroneous quotation of a lower rate, plaintiff was required to pay the minimum rate fixed by the tariffs duly filed with the Interstate Commerce Commission ( Louisville Nashville R.R. Co. v. Maxwell, 237 U.S. 94; Pennsylvania R.R. Co. v. Titus, 216 N.Y. 17, 22, 23; Willson v. American Ry. Express Co., 204 App. Div. 59, affd. 239 N.Y. 562).

The judgment should be unanimously reversed on the law and facts, without costs, and complaint dismissed, with appropriate costs in the court below. Appeal from order should be dismissed as academic.

PETTE, HART and BROWN, JJ., concur.

Judgment reversed, etc.