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· 3/5/1921

Pennsylvania Railroad v. General Crushed Stone Co.

Citations

  • 76 Pa. Super. 186
  • 1921 Pa. Super. LEXIS 112

Syllabus

<p>Carriers — Railroads'- — BUI of lading — Liability for freight charges.</p> <p>The bifi of lading is the contract between the consignor and the carrier. The consignor is primarily liable for the cost of transportation whether he be the owner of the goods or not. In the absence of an express contract there is no duty upon the carrier to collect charges from the consignee. General directions of the carrier to its agents that transportation charges must be collected be^ fore delivery of the goods do not affect this liability on the part of the shipper.</p> <p>In an action to recover from a consignor the amount due a carrier for a shipment of freight, judgment is properly entered in favor of the plaintiff where the bill of lading expressly charged the consignor with the payment of the freight. The fact that the charges might have been collected from the consignee does not relieve the consignor from the primary liability to pay,</p>

Judges: Head, Henderson, Keller, Linn, Orlady, Porter, Trexler

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