PENNSYLVANIA R. R. CO. v. NASSHORN


280 A.D. 610 (1952)

Pennsylvania Railroad Company, Appellant, v. Henry Nasshorn et al., Copartners Doing Business under the Name of Henry Nasshorn, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 5, 1952.


Attorney(s) appearing for the Case

Joseph P. Allen of counsel (F. Sherwood Alexander with him on the brief; Conboy, Hewitt, O'Brien & Boardman, attorneys), for appellant.

David Kashman, for respondents.

PECK, P. J., DORE, COHN and CALLAHAN, JJ., concur.


Per Curiam.

The trial court had jurisdiction to determine the issue in this case as to whether the merchandise shipped should have been paid for at the tariff rate for "rags" or, as the carrier claimed, at the higher rate for "clothing." In the circumstances, plaintiff's complaint should not have been dismissed for lack of jurisdiction.

A controversy between a carrier and a shipper with respect to what classification merchandise may come under for rate...

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