Pennsylvania Railroad v. Crutchfield

Citations

• 55 Pa. Super. 346
• 1913 Pa. Super. LEXIS 365

Syllabus

<p>Railroads — Carriers—Freight—Rates—Discrimination.</p> <p>1. Where the agent of a railroad company has by mistake charged and collected a less amount of freight than that specified in the published schedule, the company may thereafter collect the difference from the shipper or person liable for the freight.</p> <p>2. Where goods were consigned to a shipping merchant, and through a mistake of the company’s agent a less amount of freight was collected than that prescribed by the published schedule, and the company sues the consignee for the difference, the latter in order to escape liability must aver in his affidavit of defense that the railroad company knew that the particular shipment in question had been made to the defendant as a commission merchant on account of a consignor. The mere fact that the railroad company knew that the defendant was a commission merchant and was in the habit of receiving shipments of goods to be sold on commission, is immaterial, inasmuch as the defendant may have contracted for merchandise on his own account.</p>