The Act to Regulate Commerce : Construed By the Supreme Court
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i, 56 L. Ed. 327, 32 Sup. Ct. 169; Michigan Central Railroad v. Vreeland, 227 U. S. 59- To hold that the liability therein declared may be increased or diminished by local regu- lation or local views of public policy will either make the provision less than supreme or indicate that Congress has not shown a purpose to take possession of the subject. The first would be unthinkable and the latter would be to revert to the uncertainties and diversities of rulings which led to the amendment. The dut...y to issue a bill of lading and the liability 31 472 THE ACT TO REGULATE COMMERCE. But the Supreme Court has held that where a state, for rea- sons of internal policy, in order to offer an incentive to the prompt settlement of small but just claims, and as a deterrent of groundless defenses, established by a general statute otherwise unexceptionable the policy of allowing recovery of a moderate attorney's fee as a part of the costs, in cases where, after specific claim made and a reasonable time given for investigation thereof, payment is refused, and the claimant succeeds in establishing by suit his right to the full amount demanded, the application of such statute to actions for goods lost or damaged in interstate commerce is not inconsistent with the provisions of the Act to Regulate Commerce and its amendments.
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