Brown v. Pennsylvania Railroad

Citations

• 66 Pa. Super. 483
• 1917 Pa. Super. LEXIS 299

Syllabus

<p>Badh'oads — Carriers—Mates—Live stoclc contract — Certificate as to weight.</p> <p>Where a live stock shipping contract sets forth the “actual ■weight” of each shipment, and a charge is based on this rate, and it is subsequently found that the railroad company had collected for more pounds of freight than was shipped, the shipper may recover the excess and the company cannot defend merely because the shipper had not given the certificate provided for in the schedule of rates filed with the Interstate Commerce Commission.</p> <p>Such an action in no way challenges the .reasonableness of' the regulation, schedule or tariff referred to, but such provision requires a reasonable construction. There is no specified form or set of words necessary to convey the information that is wanted, and if such information may be obtained by an examination of the papers connected with the shipment, the shipping contract or the manifest, there would be a substantial compliance with this rule or tariff.</p>