Philadelphia & Reading Ry. Co. v. Parry

Citations

• 66 Pa. Super. 49
• 1917 Pa. Super. LEXIS 190

Syllabus

<p>Railroads — Carriers—Suit for freight charges — Interstate Commerce — Affidavit of defense.</p> <p>In an action by- a railroad company to recover freight charges on an interstate commerce shipment, where the statement of claim sets forth a portion of the Interstate Commerce Act and avers that the charges were in accordance with the schedules filed by the plaintiff, the defendant cannot in his affidavit of defense demand that the act of congress and the schedules be proved. The rates established by the schedule are matters of positive law, and shippers and consignees alike are charged with knowledge of them.</p> <p>When a purchaser orders goods from a vendor residing at a great distance, without directing in what manner the goods are to be delivered, the order to ship necessarily authorizes the vendor to ship by the usual routes of commerce. If the vendor delivers the goods to the initial carrier of the usual route, the title to the goods passes to the consignee, and the latter will be liable for the freight charges.</p> <p>A consignee of lumber who refuses to accept delivery thereof from the carrier at destination, because the lumber was not of the kind and character which he ordered, will not be relieved from liability for the charges of transportation.</p>