St. Louis Southwestern Railway Co. v. Spring River Stone Co.

Citations

• 236 U.S. 718
• 35 S. Ct. 456
• 59 L. Ed. 805
• 1915 U.S. LEXIS 1715

Syllabus

<p>Where the shipper has paid full freight charges computed on full weight . of shipment equalling minimum capacity of cars applied for and permitted for the class of traffic by the filed tariff, he cannot after-wards be compelled to pay an excess on recomputation of charges based on minimum capacity of larger, cars supplied by the carrier on account of shortage of the size applied for, all parties having acted in good faith.</p> <p>Without modifying the rule announced in former decisions in respect to the obligation on both carrier and shipper to strictly observe the lawful tariff, held under the special circumstances of this case, failure to show that the carrier did not comply .with the rules in regard to noting the fact that the smaller cars were supplied for its own convenience, does not require the shipper to pay charges on the marked capacity of the cars actually used.</p>