E. H. Emery & Co. v. American Refrigerator Transit Co.,
246 U.S. 634 (1918)

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U.S. Supreme Court

E. H. Emery & Co. v. American Refrigerator Transit Co., 246 U.S. 634 (1918)

E. H. Emery & Company v. American Refrigerator Transit Company

No. 739

Argued April 19, 1918

Decided April 29, 1918

246 U.S. 634


In respect of the removability to the district court of an action against a refrigerator car company for damages of less than $3,000.00 to goods in interstate transit,


(1) That an undertaking for proper care and service implied with the company's contract to furnish cars to the shipper could not be a basis for liability under the Carmack Amendment.

(2) Upon the theory that the car company and the railroad were partners as to the shipments, the former would become a common carrier pro hac vice, and the amount involved would be insufficient. Act of July 20, 1914, amending Jud.Code, § 28.

(3) Liability of the car company under a contract assuming liability of the railroad (if the shipper could avail of it) would not make the case one arising under the Act to Regulate Commerce.

(4) A charge that the car company, by furnishing improper cars and service, failed in duty owed to the railroad and to the public, and so caused the damage, if it did not make out the company a common carrier, stated no duty under the act, but only one at common law.


The case is stated in the opinion.

Page 246 U. S. 635

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