Chicago v. Frye & Co.

Citations

• 109 Wash. 68
• 186 P. 668
• 1919 Wash. LEXIS 983

Syllabus

<p>Carriers (47)—Live Stock—Rates—Contracts—Construction— Rbshipmbnts From Concentration Points. Under a tariff contract for tbe shipment of hogs in single-deck cars to concentration points and billed through, but to he reshipped without rebilling for a long haul in double-deck cars in the ratio of three for each two single-deck car loads, the company cannot recover on the basis of the number of single-deck cars, where, owing to underloading thereof, there were more single-deck cars than three to each two double-deck car loads; but can only recover for the services rendered, which would be the local rate to concentration points on the excess of single-deck cars.</p> <p>Same (47)—Live Stock—Rates—Abandoned Cars at Concentration Points. In the absence of a tariff provision covering the matter of freight shipped to concentration points, hut hilled through and reshipped without rebilling for a long haul in a less number of cars, the company can recover only the reasonable value of the services, which would he the local rate to concentration points upon cars there abandoned.</p> <p>Same (47)—Live Stock—Rates—Contract—Additional Switching Charges. A contract naming the tariff on through shipments of stock to be delivered at a point where the company had no terminals does not entitle the company to collect, in addition, switching charges,- where the shipper stood ready to accept delivery at any point in the city, and the company elected .to deliver at the shipper’s yards because the switching was less expensive than at other points.</p> <p>Limitation of Actions (38-1)—Accrual — “Open Accounts.” There was no “mutual, open and current account” between a shipper and a carrier, within the meaning of Rem. Code, § 166, tolling the statute ol limitations, where shipments were made during a period of years, and hills were presented from time to time, and the shipper refused to pay particular items or paid less than the amount claimed on disputes and misunderstandings arising as to