Adams Express Co. v. Albright Bros.

Citations

• 75 Pa. Super. 410
• 1921 Pa. Super. LEXIS 32

Syllabus

<p>Common carriers — Express company — Action for rates — Set-offs —Claims for damages to goods.</p> <p>In an action by an express company, for express charges made under existing tariffs duly filed, a defendant cannot set off a claim against the plaintiff for goods lost or damaged in transit.</p> <p>A common carrier not only may but must demand and collect the proper charges of transportation in cash, and no contract, however fair, looking to the payment of such services by an exchange of commodities can stand. The public policy evinced by the acts of Congress relating to interstate commerce requires the denial of the tight to set-off in such cases, leaving the shippers an independent action to enforce any rights that belong to them.</p>