Christl v. Missouri Pacific Railway Co.

Citations

• 92 Kan. 580
• 141 P. 587
• 1914 Kan. LEXIS 284

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Interstate Freight Rates — Binding on Shipper and Carrier When Filed and Published. The filing and publication of interstate rates based on a reasonable agreement as to the valuation of property shipped and which is proportioned to the extent of the risk assumed by the carrier is consonant with public policy and binding upon the parties.</p> <p>2. Same — Shipper Presumed to Have Notice of Published Rates. Two carriers filed and published tariffs under the interstate commerce law making two rates on household goods, one of which was based on a declared valuation and limitation of liability in case of loss, and the other showed a higher rate where no valuation was declared or limitation prescribed. A .shipper of household goods testified that upon inquiry the agent of one of the carriers quoted a rate to him without explaining that two rates were in existence; also, that when the contract of shipment was signed and the freight paid the agent indorsed on it the valuation of the property and the limited liability in case of loss, and that he objected to the limitation, but did not offer to pay the higher rate, nor ask to have the goods withheld from transportation. Held, that the filing and publication of the rates afforded the shipper notice of the existence of the two rates, and he is presumed to have known of the limitation in value and of liability in the rate under which the shipment was made and the freight paid, and this rate determines the liability of the carrier in an action brought for the loss of the goods.</p>