Atchison, Topeka & Santa Fe Railway Co. v. F. H. Stannard & Co.

Citations

• 99 Kan. 720

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Interstate Shipment — Nursery Stock — Consignor Liable for Freight Charges. A shipper who induces a railway company to transport a shipment of freight in interstate commerce is liable for the lawful freight charges thereon.</p> <p>2. Same — Contract or Custom Between Shipper and Carrier Can Not Vary Published Interstate Bates. Since the adoption of the interstate commerce act and its later amendments, it is unavailing as a defense to an action for the charges on an interstate freight shipment that the shipper had long been a patron of the railway company and had a special understanding and custom in his dealings with the company whereby the carrier was to be the agent of the consignee as to all shipments delivered by defendant, and that he guaranteed the freight charges only upon condition that he should be promptly notified by the carrier if any consignee refused to accept a shipment and refused to pay the freight charges thereon.</p> <p>3. Same. All special arrangements, agreements, customs and understandings between individual shippers and interstate railroads, not open to all similar shippers on equal terms, nor on file with the interstate commerce commission nor sanctioned by that tribunal, are void, and a defense to an action for interstate freight charges based thereon js subject to demurrer or motion for judgment.</p>