Schenberger v. Union Pacific Railroad

Citations

• 84 Kan. 79
• 113 P. 433
• 1911 Kan. LEXIS 284

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Carriers — Negligent Misquotation of Rate — Interstate Commerce — Sale by Shipper Relying upon Quoted Rate. The plaintiff made inquiry at the defendant’s station at Wake-field, Kan., for the freight rate on wheat in carload lots from Wakefield to New Braunfels, Tex., and told the agent that this information was desired in order to fix the price to a customer at New Braunfels. In answer to the inquiry the plaintiff was informed that the rate was 31 cents per hundredweight. Relying upon this information, the plaintiff fixed the price and sold two carloads of wheat and shipped it over the defendant’s line to New Braunfels, when an additional charge of 12% cents per hundredweight was made, and collected, making 43% cents per hundredweight on the shipment, which was the regular tariff rate on file with the interstate commerce commission. The mistake in quoting the rate was unintentional and not fraudulent. It is held, that the provisions of the interstate commerce act govern the transaction, and that the plaintiff can not recover.</p>