184 Iowa 865 | Iowa | 1918
I. The trial court held — and it is the law of the case — that the sole basis for the suit of plaintiff is a bill of lading; that same is the only contract between the parties. The contract was executed and received subject to the classifications and tariffs in effect on the date of the contract, and is the “uniform bill of lading- — ■ standard form of straight bill of lading approved by the Interstate Commerce Commission by Order No. 787 June 27, 1908.”
The tariffs of the defendant have been duly lodged with the Interstate Commerce Commission; and if notice by posting is an essential to having these tariffs in force, sufficient notice of these tariffs was given. See Kansas City S. R. Co. v. Albers, 223 U. S. 573 (32 Sup. Ct. Rep. 316); Texas & Pac. R. Co. v. Cisco Oil Mill, 204 U. S. 449 (27 Sup. Ct. Rep. 358). It does not avail, if it were true, that these tariff charges were excessive or otherwise unlawful. The sole remedy for that is obtaining a change on direct appeal to the Interstate Commerce Commission. Carson Lbr. Co. v. St. Louis & S. F. R. Co., 198 Fed. 311; Robinson v. Baltimore & O. R. Co., 222 U. S. 506 (32 Sup. Ct. Rep. 114); Texas & Pac. R. Co. v. Abilene Cotton Oil Co., 204 U. S. 426 (27 Sup. Ct. Rep. 350). No agreement to give a freight rate
II. In some form, the parties agreed that a car of apples shipped from Percival, Iowa, to Ft. Morgan, Colorado, should be stopped in transit at two designated points cn route, for partial unloading. The major question is whether such agreement is void because of tariffs duly on file with the Interstate Commerce Commission.
There is quite a controversy over whether the trial court rightly received testimony tending to show that the station agent of defendant who received the shipment had orally agreed, before the bill of lading was executed, that said stoppages in transit might be made. This controversy needs no consideration, beyond saying:
(1) Though such testimony was aptly objected to, the rulings admitting it over the objection were not excepted to.
(2) What is more controlling, even, the agreement to make these stops found its wa^ into the bill of lading.
(3) The defendant contends rightly that whatever was
2a
The refusal'to take the proffered testimony of B. Cl. McCarty excluded only what the appellant was allowed to prove in better form. Moreover, the ruling rejecting the testimony was not excepted to.
2b
The defendant objected to testimony by the plaintiff that he filed a claim with the company for the amount now claimed, and received from it a written acknowledgment that the claim was received, which was Exhibit 6. Whether this competently proved a claim need not be considered. The objection was overruled, and no exception was taker, to the ruling.
2c
Reliance is placed on a “rule” applying to stop-ove? privileges. It may be conceded, for the sake of argument, that 'this rule prohibits stoppage in transit, to unload or partly unload. But it contains the specific provision that “rules governing stopping in transit will not apply on shipments consigned to ‘shipper’s order.’ ” The consignment in this case was to the shipper. Hence, the rule is not material in this case, if it be conceded it is shown to be formulated by competent authority.
The vital question, then, is whether the contract, as embodied in the bill of lading, is violative of the Interstate Commerce Act and, therefore, void.