Louisville & N. R. v. Dickerson

Citations

• 191 F. 705
• 112 C.C.A. 295
• 1911 U.S. App. LEXIS 4976

Syllabus

<p>1. Carriers (§ 35*) — Interstate Commerce Act — Rates—Contracts or Violation of Statute.</p> <p>Under Interstate Commerce Act Feb. 4, 1887, c. 104, § 6, 24 Stat. 380 (U. S. Comp. St. 1901, p. 3156). as amended by Act June 29, 1906, 8591, § 2, 34 Stat. 586 (U. S. Comp. St. Supp. 1909, p. 1153), which requires connecting railroads which have established through routes and joint rates to file and publish schedules showing the same, and also show-' ing all terminal and other charges, “any rules or regulations which in any wise change, affect or determine any part or the aggregate of such aforesaid rates, fares and charges,” routes and rates so established become a matter of public rigid, and a stipulation in a bill of lading for a greater or less rate or permuting the carrier to make a different routing under conditions not provided for in the schedules, by which the cost to the shipper is affected, is void, and affords no defense to an action by the shipper to recover a sum exacted in excess of the schedule rate.</p> <p>[Ed. Note. — For other cases, see Carriers, Dec. Dig. § 35.*]</p> <p>2. Carriers (§ 30*) — Interstate Rates — Diversion of Shipment.</p> <p>A railroad company which as initial carrier received an interstate shipment to be transported over its own and other lines under a joint through rate established and filed was not authorized to divert the shipment to another road, not a parly to the joint rate, because its connecting carrier refused to receive it, and is liable to the shipper for the excess of freight charged resulting from such diversion.</p> <p>[Ed. Note. — For other cases, see Carriers, Dec. Dig. § 3Ó.*]</p> <p>3* Commerce (§ 87*) — Interstate Commerce Commission — Complaints fob. Damages — Limitation.</p> <p>Under Interstate Commerce Act Feb. 4, 1887, c. 104, § 16, 24 Stat. 384 (U. S. Comp. St. 1901, p. 3165), as amended by Act June 29, 1906, c. 3591, § 5, 34 Stat. 590 (U. S. Comp. St. Supp. 1909, p. 1159), which provides that all complaints