Crane Railroad v. Philadelphia & Reading Railway Co.

Citations

• 253 Pa. 246
• 97 A. 1055
• 1916 Pa. LEXIS 816

Syllabus

<p>Railroads — Transportation of cars- — Rates—Interstate commerce —Intrastate commerce — Parties—Joint liability — Affidavits of defense — Insufficient averments.</p> <p>1. Where a railroad company transports for a connecting carrier cars used in interstate commerce, the lawful charges for such service are the rates fixed in the schedules on file with the Interstate Commerce Commission, and if the carrier for whom the service is performed fails or refuses to pay the full rate charged in such schedule, the carrier performing the service may recover the difference.</p> <p>2. Where in an action by a railroad company against other railroads plaintiff sought to recover the same charge for transporting cars not used in interstate commerce as for those so engaged, an affidavit of defefise was insufficient which alleged that a former rate lower than the rate which plaintiff sought to collect was just, reasonable and fair and all that defendant agreed to pay, in the absence of any allegation that the rate which plaintiff sought to collect was not just, reasonable and fair, or of any allegation of an express contract as to the freight.</p> <p>3. Where in such case two railroad companies were jointly sued and the plaintiff’s declaration made out a prima facia case of joint liability, the allegation in the affidavit of defense that the two defendants were separate corporations owning and operating their own railroads, did not necessarily show that there was not a joint liability with respect to the transportation which was the subject of the action; defendants might have been engaged in a joint adventure or the circumstances might have been such as to render them jointly liable.</p>