West Jersey & Seashore R. R. v. Whiting Lumber Co.

Citations

• 71 Pa. Super. 161
• 1919 Pa. Super. LEXIS 51

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 a statement sets forth a uniform bill of lading issued by all railroad carriers under the mandate of the federal law and containing notice of the various stipulations which, after approval in the manner provided by law, become binding upon every party concerned in the shipments, it is no defense that the defendant never received a copy of the bill of lading nor affirmative notice of its. contents. The rates established by the schedule are matters of positive law and shippers and consignees alike are charged with knowledge of them.</p> <p>A consignee is under no obligation to receive or accept a shipment consigned to it, where such a consignment was in no way sought or ordered by it or when it is not. in accordance with its contract, but when it has exercised an act of dominion over it, consistent only with the ideas of its acceptance, it will be liable for' the freight charges thereon.</p> <p>Carriers — Storage charges — Affidavit of defense.</p> <p>An affidavit of defense is sufficient to a demand for storage charges when it avers that such charge was uncalled for and unreasonable. Whether it was or was not, under all the circumstances of the case, is not a pure question of law which the court can dispose of, but is a mixed question of law and of fact to be submitted to a jury on proper instructions from the trial judge.</p>