New York Central & Hudson River Railroad v. Deer Creek Lumber Co.

Citations

• 49 Pa. Super. 453
• 1912 Pa. Super. LEXIS 352

Syllabus

<p>Railroads — Carriers—Discrimination—Contract.</p> <p>1. An agreement by a railroad company to place freight on a siding of a competing line at the same rate as that charged by the competing line, is not an agreement involving an unlawful discrimination, where it appears that the railroad company had no published or established rate to the siding in question, and there is no charge that the same concession was ever asked for or desired by any other shipper.</p> <p>Railroad company — Principal and agent — Traveling freight agent— Authority of agent.</p> <p>2. The traveling freight agent of a railroad company may bind his company by an agreement with a shipper to place freight on a siding of another line at a particular rate, where it appears that the agent had for several years been quoting freight rates to the shipper and arranging for the latter’s shipments, that the agreement in question was the inducement which procured the shipment for the agent’s line, and that the agent’s authority had never before been questioned or controverted by the railroad company.</p> <p>3. A principal is bound by the contract of his agent acting within the scope of his apparent authority.</p> <p>4. The scope of the authority of an agent may be proved by showing what duties he performed, and for what length of time; if the agent’s authority to make a contract is disputed by his alleged principal, the latter will not be permitted to ask the agent whether he had authority to make any such contract, and if the agent answers the question in the negative, both question and answer should be stricken out.</p>