BIANCHI v. SEARS, ROEBUCK & CO.


284 A.D. 709 (1954)

Eugene A. Bianchi, Formerly Doing Business under the Name of Federal Transportation Lines, Appellant, v. Sears, Roebuck and Co., Respondent

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

October 27, 1954.


Attorney(s) appearing for the Case

Samuel Levy for appellant.

William C. Combs for respondent.

Present — VAUGHAN, J. P., KIMBALL, PIPER and WHEELER, JJ.


Per Curiam.

This is a common carrier's action to recover from the shipper the amount of an alleged undercharge. Under the applicable tariff, the basic rate is charged for shipments picked up at the "doorway, platform or entrance to shipping or receiving room of consignor or consignee when directly accessible to carrier's motor vehicle at the street level". An additional charge is provided for "When carrier upon request...

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