66 Pa. Super. 49 | Pa. Super. Ct. | 1917
Opinion by
The plaintiff brought this action to recover the freight and charges upon two car-loads of lumber which had been ordered by the defendant from C. A. Roach, of Bingham, South Carolina, to be shipped to Reading, Pa. Roach had delivered the lumber to the Atlantic Coast Line Railroad Company, which company delivered to him bills of lading for the cars, the shipment being-routed through to Reading, via the Philadelphia & Reading Railway Co., and consigned to this defendant. The defendant notified the Philadelphia & Reading Railway Co. to deliver the cars to Abner S. Deysher, but the latter declined to accept the cars or'pay the freight and charges. The defendant having filed an affidavit of defense, the plaintiff took a rule to show cause why judgment should not be entered for want of a sufficient affidavit of defense, which rule the court discharged, and from that action we have this appeal.
The statement of the plaintiff set forth, in part, the provisions of the Interstate Commerce Act, and the amendments thereto, including the requirement that every common carrier subject to its provisions shall file with the Interstate Commerce Commission, and print and keep open for public inspection, schedules showing-all rates, fares and charges for transportation between
The affidavit of defense averred that the defendant had nothing to do with the loading of the cars of lumber, that he made no agreement whatsoever with the Atlantic Coast Line Railroad Co., or the Philadelphia & Reading Ry. Co., and that any agreement that was made was between the owner of the lumber, C. A. Roach, and the At
The order discharging the rule is reversed and the record is remitted to the court below, with direction to enter judgment against the defendant for such sum as to right and justice may belong, unless other legal or equitable cause be shown to the court below why such judgment should not be so entered.