Erie Railroad v. Steinberg

Citations

• 94 Ohio St. 189
• 113 N.E. 814
• 1916 Ohio LEXIS 151

Syllabus

<p>Carriers — Action for breach of contract or for conversion — Measure of damages — Value at time of conversion or reasonable value to' owner — ■Schedule of rates binding, when — Section 510, General Code — Duty to require shipper to declare value, etc. — Shipper charged with notice of tariffs, when — Carrier’s liability cannot be relieved by schedule, when — Section 8gg4-i, General Code — Intrastate shipments.</p> <p>1. Where goods have been delivered to a common carrier for transportation and the common carrier converts the property to its own use, the shipper may maintain an action for damages for breach of contract of carriage or may sue for conversion.</p> <p>2. In a suit for conversion, where the facts do not authorize the assessment of exemplary damages, the general rule for the measure of damages is the value of the property at the time of the conversion.</p> <p>3. This general rule is subject to the exception that where the property converted by the defendant to its use consists of articles for personal use, which have been used by the owner and therefore have little or no market value, the measure of damages is the reasonable value to the owner at the time of conversion.</p> <p>4. Where a railroad has filed a schedule under the provisions of Sections 505 and 506, General Code, showing all rates, fares and charges for transportation of passengers and property, and any service in connection therewith, such rates, fares and charges named in the schedule become the legal rate for the services rendered, and must be charged by it and paid by the shipper or passenger without deviation therefrom.</p> <p>5. Where a rate or- charge, based upon the value of the articles transported, is provided in the schedule filed with the public utilities commission of the state, it is the duty of the transporting company to require the shipper to declare the value and to demand, collect and receive from him the rate fixed in its schedule filed with the state commission.</p> <p>6