Oregon Railroad & Navigation Co. v. Thisler

Citations

• 90 Kan. 5
• 133 P. 539
• 1913 Kan. LEXIS 146

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Interstate Commerce — How Interstate Freight Rates are Established. Under the interstate commerce act the.carrier is required to file with the commission its schedules of rates and also to promulgate and distribute them in order that the shipper may have access to them and ascertain their terms.</p> <p>2. - Counterclaim by Shipper for Injuries to Property Transported. The provisions of that act do not preclude the. shipper, after payment of the legal rates, from receiving or recovering for injuries to the property transported caused by the carrier’s negligence.</p> <p>3. Limitation op Action — When Not Available as a Defense by Foreign Corporation. A foreign corporation which sues a Kansas shipper here to recover for an alleged balance due according to the legal rates can not, to a counterclaim for damages negligently caused to the property transported, successfully interpose the statute of limitations.</p> <p>4.--Nature of Action — When Counterclaim May Be Interposed. Such action to recover for a claimed balance still due according to the legal tariff rates in force when the shipment was made, is not one upon the contract of shipment but is one to recover regardless thereof, and hence the plaintiff can not use such contract to defeat such counterclaim.</p>