New York Central & Hudson River R. Co. v. Gray,
239 U.S. 583 (1916)

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U.S. Supreme Court

New York Central & Hudson River R. Co. v. Gray, 239 U.S. 583 (1916)

New York Central & Hudson River Railroad Company v. Gray

No. 147

Argued December 17, 1915

Decided January 10, 1916

239 U.S. 583


The anti-pass provision in the Hepburn Act of 1906 applies to common carriers by railroad in interstate commerce with respect to transportation within the bounds of a state as part of an interstate journey. While the anti-pass provision in the Hepburn Act of 1906 operates upon an agreement for exchange of transportation for anything else than money made prior to the passage of the Act, so that specific performance can no longer be required, an interstate carrier cannot for this reason refuse to make just compensation in money for an unpaid balance for services fully performed under such a contract before the passage of the Act. Louis. & Nash. R. Co. v. Mottley, 219 U. S. 476, distinguished.

161 App.Div. 924, 932, affirmed.

The facts, which involve the construction of the provisions of the Interstate Commerce Act as amended in 1906, prohibiting discrimination in regard to facilities and privileges of transportation and the validity of contracts made prior to the Hepburn Amendment and the rights of parties thereunder, are stated in the opinion.

Page 239 U. S. 584

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