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New York Central R. Co. v. The Talisman, 288 U.S. 239 (1933)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
New York Central R. Co. v. The Talisman, 288 U.S. 239 (1933)
New York Central R. Co. v. The Talisman No. 286 Argued January 11, 12, 1933 Decided February 6, 1933 288 U.S. 239
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. At a waterfront terminal maintained by an interstate rail carrier for freight interchanges, the carrier is bound by § 3(3) of the Interstate Commerce Act to afford reasonable and proper facilities to other carriers for that purpose, and, when towing carfloats, must exercise reasonable care to avoid damage by collision to carfloats of another carrier engaged in receiving and delivering traffic. P. 241.
2. This duty of reasonable care being one imposed by law in respect of a service such as common carriers are bound to render in the public interest, the carrier owing it cannot escape it by notifying other carriers that it will not be responsible for future damage to their floating equipment while lying at its terminal, whether caused by negligence or otherwise. P. 242.
3. A carrier receiving such a notice need not answer, and its silence will not imply a contract. P. 243.
4. Facilities furnished at a water terminal merely for interchange of traffic from tracks to carfloats and vice versa held not "terminal facilities" within the meaning of § 3(4) of the Interstate Commerce Act. P. 242.
57 F.2d 144 reversed.
Certiorari, 287 U.S. 587, to review the reversal of a decree in admiralty holding a tug liable for damage to a carfloat by collision.
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Chicago: U.S. Supreme Court, "Syllabus," New York Central R. Co. v. The Talisman, 288 U.S. 239 (1933) in 288 U.S. 239 288 U.S. 240. Original Sources, accessed May 7, 2025, http://www.originalsources.com/Document.aspx?DocID=CZBS8ZR97RBWPE9.
MLA: U.S. Supreme Court. "Syllabus." New York Central R. Co. v. The Talisman, 288 U.S. 239 (1933), in 288 U.S. 239, page 288 U.S. 240. Original Sources. 7 May. 2025. http://www.originalsources.com/Document.aspx?DocID=CZBS8ZR97RBWPE9.
Harvard: U.S. Supreme Court, 'Syllabus' in New York Central R. Co. v. The Talisman, 288 U.S. 239 (1933). cited in 1933, 288 U.S. 239, pp.288 U.S. 240. Original Sources, retrieved 7 May 2025, from http://www.originalsources.com/Document.aspx?DocID=CZBS8ZR97RBWPE9.
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