Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Fink

Citations

• 250 U.S. 577
• 40 S. Ct. 27
• 63 L. Ed. 1151
• 1919 U.S. LEXIS 1778

Syllabus

<p>Under the Act to Regulate Commerce, it is unlawful for a carrier to • accept less than the tariff rate as compensation for the interstate transportation of goods. P. 581.</p> <p>A consignee accepting delivery of the goods must be presumed to have understood this. Id.</p> <p>The carrier has a lien for the lawful charges until they are tendered or paid, and a consignee who obtains the goods at destination upon payment of less, due to a misunderstanding by himself and the carrier of the rate lawfully applicable, must be deemed to have assumed the obligation of paying the full lawful rate, and is liable to ■ the carrier accordingly. P. 582.</p> <p>An agreement with the consignor that title to the goods shall not pass to the consignee until delivery can not alter the situation. Id.</p> <p>Nor can the hardship to the consignee, resulting from his misunderstanding and subsequent change of situation in reliance on it; since the requirements of the statute can not be avoided by estoppel. Id.</p>