119 Ind. 352 | Ind. | 1889
Wilson & Chambers, partners, engaged in purchasing and shipping cross-ties used in the construction and maintenance of railroads, sued the appellant railroad company to recover for alleged excessive freight charges paid upon three hundred and fifty-four car-loads of ties shipped over the defendant company’s railroad. The plaintiffs allege that the railroad company entered into an agreement with them whereby it became bound to receive and transport to points named cross-ties at the rate of $14 per car-load; that in pursuance of the agreement so entered into, the defendant company received and transported the number of carloads above mentioned, but that, in disregard of the contract, it collected $2,700 in excess of the amount agreed upon from the consignees, and that the latter deducted that sum from the price paid the plaintiffs.
This appeal is from a judgment in favor of the plaintiffs for the full amount claimed in their complaint. The questions for decision arise upon the ruling of the court in overruling the appellant’s motion for a new trial.
The evidence tends to show that the plaintiffs were engaged in transporting ties over the defendant’s road during the year 1886, and that during that year the rate charged for freight was seven cents a tie, or $14 per car-load. In the month of December, 1886, the company issued a circular notifying all persons engaged in shipping cross-ties over its line'that the rate on freight of that description would be the same as for soft lumber, after January 1st, 1887. It had formerly been less than the soft lumber rate. The plaintiffs received this notice, but they gave evidence tending to prove that after receiving the notice one of the plaintiffs had an interview with the general freight agent of the defendant’s
It is to be observed that the complaint was framed and that the action proceeded to judgment upon the theory that the ties were shipped under an oral agreement, by the terms of which the railroad company bound itself to carry the plaintiff’s freight at the rate of $14 per car-load. The action is to recover for overcharges made in disregard of this agreement. The proof, however, shows, without any contradiction whatever, that the shipments were made — with
The question presented at the threshold, therefore, is, was’ it competent for the plaintiffs, without alleging any fraud, concealment or mistake, to recover upon an oral contract made prior to the issuing of the bills of lading, which are supposed to set forth the terms and conditions upon which ] the goods were to be transported, or must the rights of the parties be determined by the express terms and legal import * of these instruments? A bill of lading is twofold in its character. It is a receipt, specifying the quantity, character and condition of the goods received; and it is also a contract, by which the carrier agrees to transport the goods therein described to a place named, and there deliver them to a designated consignee upon the terms and conditions specified in the instrument. The Delaware, 14 Wall. 579; O’Brien v. Gilchrist, 34 Me. 554; 2 Am. and Eng. Encycl. Law, 228; Chandler v. Sprague, 38 Am. Dec. 404, and note; Friedlander v. Texas & Pac. R. W. Co., 9 Sup. Ct. Repr. 570.
So far as a bill of lading is in the nature of a receipt, or an acknowledgment of the quantity and condition of the goods delivered, it may, like any other receipt, be explained, varied, or even contradicted; but as a contract, expressing the terms and conditions upon which the property is to be transported, it is to be regarded as merging all prior and contemporaneous agreements of the parties, and, in the absence of fraud, concealment or mistake, its terms or legal import, when free from ambiguity, can not be explained nor added to by parol. Snow v. Indiana, etc., R. W. Co., 109 Ind. 422, and cases cited.
“ Such a contract is to be construed, like all other written contracts, according to the legal import of its terms." It becomes the sole evidence of the undertaking, and all ante
As we have seen, all the bills of lading contain a stipula
The bills of lading involved in the present case cover every subject of the contract of shipment, except that some of them are silent as to the amount of freight to be paid. If, in the absence of an agreement, the law supplies this term
The law makes it the duty of every common carrier to receive and carry all goods, seasonably offered for transportation, and authorizes a reasonable reward to be charged for the service. The amount to be paid is, in a measure, subject to the agreement of the parties; but when the amount is not fixed by contract, the law implies that the carrier shall have a reasonable reward, which is to be ascertained by the amount commonly, of customarily, paid for other like services. Johnson v. Pensacola, etc., R. R. Co., 16 Florida, 623; Angell Carriers, section 392 ; Lawson Contracts of Carriers, section 125.
"Whether a railroad company may, in the absence of legislation, agree upon different rates of compensation for similar services for different persons, is a question we need not consider in the present case. Fitchburg R. R. Co. v. Gage, 12 Gray, 393; Spofford v. Boston, etc., R. R. Co., 128 Mass. 326; Ragan v. Aiken, 9 Lea, 609 (42 Am. Rep. 684).
, Without regard to the rights of the shipper and carrier, as they may appear under special contracts, the agreement which the law imports into every bill of lading which does not stipulate the price to be paid for the service is, that the compensation shall be reasonable, and such as is customarily charged others for like service under like conditions. London, etc., R. W. Co. v. Evershed, L. R. 3 App. Cases, 1029. This is the contract which the law makes for the parties, and which is imported into every bill of lading which contains no express stipulation covering the subject of the amount to be paid. The conclusion which follows is, that in the absence of an express agreement in respect to the amount to be
The judgment is reversed, with costs, with directions to the court to sustain the motion for a new trial.