241 Pa. 603 | Pa. | 1913
Opinion by
In the disposition of civil cases involving violation of the provisions of the Federal Interstate Commerce Act, where the effort is to collect from a shipper the legal, prescribed rate for the service rendered, equitable principles play no part. Where there has been a departure from an established and published rate for the transportation of freight, it is never a question what the purpose back of it was, whether innocent or fraudulent,
The principle asserted in these cases, that is, that the private agreement between the parties for a rate other than that prescribed is not a contract, and cannot be regarded, is fully recognized in Texas and Pacific Railway v. Abilene Cotton Oil Co., 204 U. S. 426, and in Kansas City Southern Railway v. Albers Commission Co., 223 U. S. 573, and in other cases which might be cited.
The facts in the present case show a strong equity in these defendants. There was no posted schedule of tariffs at the railroad station from which their shipments of flour were made; they applied to the proper railroad official, not with a view to bargaining for a reduced rate, but to know the rate prescribed, and were given a rate which proved to be less than that prescribed; they acted upon the representation of this officer and continued their shipments for two years, supposing the rate to be the legal rate and which they regularly paid. Now, more than two years after the service had been rendered and payment therefor has been accepted, they are asked to make up the difference on all these shipments, a difference amounting to $2,152.60. Were not other interests here involved than such as affect the parties to the immediate controversy, it would be neither just nor equitable to allow a recovery in the case, and whatever loss has resulted, if any, should fall on the
In what we have said, the several assignments of error have been answered, and further discussion of the case is unnécessary. The judgment is affirmed.