Concordia Silk Hosiery Co. v. Pennsylvania Railroad

Citations

• 69 Pa. Super. 361
• 1918 Pa. Super. LEXIS 87

Syllabus

<p>Carriers — Common carriers — Railroads—Interstate commerce— Interstate shipments — Bill of lading — Stipulation as to notice— Waiver — Federal question.</p> <p>A railroad company cannot waive a stipulation in a bill of lading covering an interstate movement of goods, requiring that claims must be made to the carrier in writing within four months after a reasonable time for the delivery of the goods has elapsed. The construction of such a bill of lading involves a Federal questioil, and must be determined according to the requirements of Federal legislation and the decisions of the Supreme Court of the United States interpreting such legislation.</p> <p>Under the Federal decisions the carrier can no more release the shipper from such a stipulation as to notice, than it could excuse him from the payment of the established freight rate.</p>