114 P. 469 | Or. | 1911
delivered the opinion of the court.
“One who has obtained from a common carrier transportation of goods from one state to another at a rate specified in the bill of lading less than the published schedule rates filed with and approved by the Interstate Commerce Commission, and in force at the time, whether or not he knew that the rate obtained was less than the schedule rate, is not entitled to recover the goods, or damages for their detention, upon the tender of payment of the amount of charges named in the bill of lading, or of any sum less than the schedule charges.”
In view of this decision it is needless to consider the decisions of the various state courts or the inferior courts upon the same subject.
Judgment reversed and new trial ordered.
Reversed.