167 Iowa 230 | Iowa | 1914
I. The original petition was in two counts, which are not set out in the abstract. By way of amendment to petition, plaintiff filed a third count, substantially as follows : That on April 27, 1909, at Montrose, Iowa, he delivered to the defendant one jack, crated, for shipment to Weiner, Ark., and on delivery of said jack he paid the express charges in full as given to him by the.agent of the defendant company
It seems quite clear that, under the act itself and the decisions, he may not do so. Section 6 of the Interstate.Commerce Act provides that no carrier shall charge, or demand, or collect, or receive a greater, or less, or different compensation for such transportation of passengers or property, or for any service in connection therewith; between the points named in such tariffs, than the rates, fares, and charges which are specified in tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property except such as are specified in such tariffs; and section 10 of the act (U. S. Comp. St. 1913, section 8574) makes it a criminal offense, subject to severe punishment, for a carrier, or any of its officers or agents, to permit, or for a shipper to obtain, transportation for property at less than the regular rates then established. It is quite evident that the rates as fixed and published must be strictly observed, and there must be no departure from them; the purpose of the act being that there shall be one rate and equal privileges for all. Winn v. Express Co., 149 Iowa, 269; Armour Packing Co. v. United States, 209 U. S. 56 (28 Sup. Ct. 428, 52 L. Ed. 681).
It has been held that any concession from the published schedules is a rebate. If plaintiff may recover here, he obtains a rate of $28, when the legal rate is $130.50. It is claimed by appellant that he is entitled to recover because of the alleged false representation of the agent of defendant.. In his
Cases are cited by appellant as to the authority of ,an agent to bind his principal. But, under the Interstate Commerce Act, it would be unlawful for either the principal or agent to agree to a rate different from that published. It will not be presumed that the-agent was authorized to do an unlawful act.
There might bé some question as to the representation or statement that the animal must be crated, and that plaintiff was compelled to pay for two hundred and forty pounds more. But we are of opinion that- such question is not properly pleaded. This point is barely touched upon in argument. It is not alleged that plaintiff would have shipped the jack uncrated, but for such statement. For aught that appears in.the pleading, plaintiff would have shipped crated anyway. It .is not alleged that plaintiff relied upon such statement, nor' is there any allegation that the rate charged was not the true rate .for. a- crated jack,-..
We conclude that the demurrer was properly sustained on the grounds suggested. This renders it unnecessary to refer to other points argued.
The judgment is therefore — Affirmed.