Philadelphia & Reading Railway Co. v. Baer
Philadelphia & Reading Railway Co. v. Baer
Opinion of the Court
Opinion by
The interstate commerce legislation was enacted as expressly declared “to secure reasonable charges for transportation; to prohibit unjust discrimination in the rendition of like services under similar circumstances and conditions; to prevent undue or unreasonable preferences to persons, corporations, or localities; to inhibit greater compensation for a shorter than for a longer distance over the same line, and to abolish combinations for the pooling of freights.” It forbids that any carrier refund or remit in any manner or by any device any portion of the rates, fares and charges specified in the tariff rates published as required by the act. It broadly covers the solicitation or receipt of any arrangement or concession however obtained which permits the carriage of property at less than the published rate. It is remedial legislation to be so interpreted as to reasonably secure the result intended. One of the effects of the decision in Gulf, Col. & Santa Fe Ry. Co. v. Hefley, 158 U. S. 98, was that any agreement, concession or acquiescence for transportation of merchandise at less than the rate lawfully established is void and this was reaffirmed in New York, New Haven & H. R. R. Co. v.
The consignee is presumptively the owner of the merchandise and may be treated as such by the carrier in the absence of notice to the contrary: Hutchinson on Carriers, sec. 807; Davis v. Pattison, 24 N. Y. 317; Hinsdell v. Weed, 5 Denio, 172; Gates v. Ryan, 37 Fed. Repr. 154; Pelayo v. Fox, 9 Pa. 489; Penna. R. R. Co. v. Crutchfield, 55 Pa. Superior Ct. 346; 3 Kent Com. 221. The plaintiff was required in accordance with the bill, of lading to deliver the merchandise to the defendants and, in the absence of information that they were not the owners, was justifiable in delivering it without the immediate payment of the carrying charge on the implied promise that the lawful rate would be paid. The ignorance of the parties that a mistake had been made in the amount did not affect the question of liability. There is no place for the doctrine of equitable estoppel as applied to such a state of facts. The consignees were
The judgment is reversed and a venire facias de novo awarded.
Reference
- Full Case Name
- Philadelphia & Reading Railway Company v. Baer
- Cited By
- 17 cases
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- Published
- Syllabus
- Carriers — Common carriers — Railroads—Rates—Interstate commerce. 1. The rate for transportation is made by the Interstate Commerce Act, a subject of positive law, and contracts express or implied providing otherwise, or any consent or permission through which a lower rate is claimed or sought to be enforced is of no effect. Shippers and consignees are alike charged with knowledge of the rate to be paid, and are not entitled to exemption from compliance therewith, because an agent of the carrier made a mistake in giving a lower rate. 2. Where a railroad company delivers goods to the consignee named in the bill of lading, and through a mistake of an employee demands and receives from the consignee a less amount than the lawful charge for the- service rendered, the railroad company is not estopped from subsequently recovering the difference between the amount actually paid and the legal rate.