Coates v. Chicago, M. & St. P. Ry. Co.

Citations

• 8 S.D. 173
• 65 N.W. 1067
• 1896 S.D. LEXIS 5

Syllabus

<p>1. It being out of the usual course of business, tbe presumption is that a local station agent has no power to bind his company by a contract to ship . property over connecting lines of railway, and such authority will not be inferred from the mere fact that the freight for the entire distance was collected by such agent.</p> <p>2. A regulation promulgated and observed by a freight association, consisting of numerous railway companies, by which the capacity of tank cars owned by shippers, and not listed in what is denominated a “Joint Tank Line Circular,” showing the actual weight, shall be estimated at 40,000 pounds, will not be declared unreasonable, in the absence of a reliable basis for computation, or anything to show that the gross amount of freight charged and collected thereunder was excessive.</p> <p>(Syllabus by the court.</p>