Great Northern Railway Co. v. O'Connor

Citations

• 232 U.S. 508
• 34 S. Ct. 380
• 58 L. Ed. 703
• 1914 U.S. LEXIS 1382

Syllabus

<p>The rule that carriers are not concerned with questions of title but must treat the forwarder as shipper and charge the applicable rates, Int. Com. Comm, v. Del., Lack. & West. R. R. Co., 220 U. S. 235, applies also to accepting the forwarder’s classification and valuation, without regard to any private instructions given by the actual shipper to the forwarder.</p> <p>A shipper, whose forwarder has violated instructions as to valuation or classification to his damage, has his remedy against the forwarder but not against the carrier. He is bound by the acts of his agent.</p> <p>A shipper has a remedy in direct proceedings before the Interstate Commerce Commission to attack the reasonableness of the tariff</p> <p>. and if justified may obtain relief by a reparation order or suit in court after a finding of unreasonableness; but in a suit for damages before such a finding he cannot attack the filed tariff as unreasonable.</p> <p>Where the filed tariff states alternative lower and higher rates based on valuation the carrier is entitled to collect the rate applicable to the value declared and the shipper is liable for that valuation.</p> <p>This result is not affected by the use of printed forms. The minds of the parties met and the value as well as the rate was fixed by the contract.</p>