Philadelphia & Reading Railway Co. v. Baer

Citations

• 56 Pa. Super. 307
• 1914 Pa. Super. LEXIS 83

Syllabus

<p>Carriers — Common carriers — Railroads—Rates—Interstate commerce.</p> <p>1. The rate for transportation is made by the Interstate Commerce Act, a subject of positive law, and contracts express or implied providing otherwise, or any consent or permission through which a lower rate is claimed or sought to be enforced is of no effect. Shippers and consignees are alike charged with knowledge of the rate to be paid, and are not entitled to exemption from compliance therewith, because an agent of the carrier made a mistake in giving a lower rate.</p> <p>2. Where a railroad company delivers goods to the consignee named in the bill of lading, and through a mistake of an employee demands and receives from the consignee a less amount than the lawful charge for the- service rendered, the railroad company is not estopped from subsequently recovering the difference between the amount actually paid and the legal rate.</p>