Central Railroad v. Mauser

Citations

• 241 Pa. 603
• 88 A. 791
• 1913 Pa. LEXIS 822

Syllabus

<p>Common carriers — Railroad companies — Interstate Commerce Act — Freight rates — Departure from published rates — Suit to recover legal rate.</p> <p>1. Where there has been a departure from established and published rates for the transportation of freight by a railroad company, whether by mutual mistake.or for other reasons, the legal rate must be paid by the shipper. An agreement for a rate other than that prescribed for the particular service by the Interstate • Commerce Act is absolutely void. The fact that the shipper will suffer actual loss, in consequence of being quoted a lower rate than the legal one, is not material in an action by the railroad company to recover the legal rate, although it might be the basis of an action to recover damages for negligent misquotation of the rate.</p> <p>. 2. In an action by a railroad company to recover freight charges it appeared that the defendant, who was a shipper of flour, had inquired of a responsible officer of plaintiff railroad company as to the rates for such shipment, and was by mistake given a rate which was less than the legally prescribed rate; plaintiff acted upon this representation for a period of two years; thereafter the railroad company discovered that less than the legal rate had been charged and brought an action to recover for the difference between the legal rate and that the shipper had paid. Held, the railroad company was entitled to recover.</p>