Kaplan v. Director General of Railroads

Citations

• 78 Pa. Super. 195
• 1922 Pa. Super. LEXIS 82

Syllabus

<p>Carriers — Railroads—Baggage—Interstate commerce — Rules of Interstate Commerce Commission — ■Effect — Shipment accepted through deceit — Baggage check — Effect.</p> <p>Under the common law, as interpreted by the federal courts, a common carrier is not liable for loss of merchandise checked as personal baggage.</p> <p>Where a shipper delivered to a railroad company a box of merchandise as personal baggage, although such practice was directly contrary to the published rules and regulations of the company, as filed with the Interstate Commerce Commission, and the box was lost in transit, there can be no recovery. The fact that the baggage agent issued a check, without first requiring a ticket, did not affect the rights or liabilties of the parties, which were determined by the rates and regulations as filed with the Interstate Commerce Commission.</p> <p>All shippers are charged with notice of the provisions of tariffs which are filed with the Interstate Commerce Commission, as required by the Interstate Commerce Law.</p> <p>In an interstate shipment the rate for transportation is not subject of contract between the parties. It is a matter of positive law and the shipper and consignee alike are bound by the requirements stipulated.</p>