Boston & Maine Railroad v. Hooker

Citations

• 233 U.S. 97
• 34 S. Ct. 526
• 58 L. Ed. 868
• 1914 U.S. LEXIS 1275

Syllabus

<p>Congress, by the Hepburn Act and the Carmack amendment in 1906, has regulated the subject of interstate transportation of property by Federal law to the exclusion of the States to control it by théir own policy or legislation. Pennsylvania v. Hughes, 191 U. S. 477, distinguished, having been decided prior to the passage of the Hepburn Act.</p> <p>Knowledge of the shipper that the rate is based on value is to be presumed from the terms of the bill of lading and of the published schedules filed'with the Interstate Commerce.Commission, and the effect of so filing the schedules makes the published rates binding upon shipper and carrier alike.</p> <p>The limitation of liability of carriers for passengers’ baggage is covered by the Interstate Commerce Act and the Carmack amendment to the Hepburn Act applies thereto as well as to liability for shipments of freight.</p> <p>Under § 6 of the Interstate Commerce Act carriers must include in the ' schedules of fates filed regulations affecting passengers’ baggage and the limitations of liability.</p> <p>A provision in a tariff schedule that the passenger must declare the value of his baggage and pay stated excess charges for excess liability over the stated value to be carried free, is a regulation within the meaning of §§ 6 and 22 of the Interstate Commerce Act and as such is sufficient to give the shipper notice of the limitation.</p> <p>In construing a statute, the practical interpretation given to it by the administrative body charged with its enforcement is entitled to weight.</p> <p>The effect of permitting the carrier to file regulations as to passengers’ baggage which limit its liability except on payment of specified rates is not to change the common law rule that the carrier is an insurer against its own negligence but simply that the carrier shall obtain commensurate compensation for the responsibility assumed.</p> <p>Where charges for full liability as specified in the published tariff are unreasonable, they can