Foster, Glassel Co. v. Kansas City Southern Ry. Co.

Citations

• 121 La. 1053
• 46 So. 1014
• 1908 La. LEXIS 791

Syllabus

<p>1.Carriers — Freight Rates — Schedule Governs.</p> <p>A shipper who has obtained from a common carrier a special lower rate than the published schedule has no ground upon which he can maintain a claim to the special rate in opposition to the schedule rate.</p> <p>2. Same — Regularly Established Locals.</p> <p>If there is no through rate from point of origin to destination of a through shipment provided, the lowest combination of special rates via the -route over which the shipment moves is the lawful rate, despite the erroneous rating given by the railroad clerk or agent.</p> <p>3. Same — No Action to Have Amount Collected Returned.</p> <p>The rate collected was the regularly established local rate applicable to the movement of the shipment. Where there aré no through rates, local published rates suffice — locals and proportionals.</p> <p>4. Same — Rates Reasonable.</p> <p>Charges according to published rates with sanction of Interstate Commerce Commission are prima facie correct. Burlington R. R. v. Day, 82 Iowa 312, 48 N. W. 98, 12 L. R. A. 436, 31 Am. St. Rep. 477.</p> <p>(Syllabus by the Court.)</p>