Brown v. Pennsylvania Railroad
Brown v. Pennsylvania Railroad
Opinion of the Court
Opinion by
Plaintiff shipped from certain stations in Missouri six cars of mules, mule colts and horses to Lancaster County. When the animals were received at the point of shipment, live stock contracts were executed between the receiving-company and the consignor, which set forth the “actual weight” of each shipment. The freight charge was based on this weight, and the stock accepted for shipment. They reached the defendant’s lines at East St. Louis. The defendant’s schedule filed with the Interstate Commerce Commission provides: “Shippers must certify that the weight of each colt, pony, light-weight ranch horse or mule does not exceed seven hundred and fifty pounds; in the event that the shipper does not so certify, each colt, pony, light-weight ranch horse or mule will be charged for at the rate of eleven hundred pounds per animal.” When the shipments reached their destination, and the defendant found no certificate that it deemed sufficient to meet this rule, it caused the transportation charges to be made as therein required, and collected from the plaintiff, before delivery, the sum of money which is now sued for. The plaintiff avers in his statement that the weights specified in the contract were the actual and correct weights of the animals, and there
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.