United States Supreme Court Cases & Opinions

U.S. Supreme Court

Pittsburgh, C., C. & St. L. Ry. Co. v. Fink, 250 U.S. 577 (1919)

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company v. Fink

No. 2

Argued October 7, 1919

Decided November 10, 1919

250 U.S. 577

Syllabus

Under the Act to Regulate Commerce, it is unlawful for a carrier to accept less than the tariff rate as compensation for the interstate transportation of goods. P. 250 U. S. 581.

A consignee accepting delivery of the goods must be presumed to have understood this. Id.

The carrier has a lien for the lawful charges until they are tendered or paid, and a consignee who obtains the goods at destination upon

Page 250 U. S. 578

payment of less, due to a misunderstanding by himself and the carrier of the rate lawfully applicable, must be deemed to have assumed the obligation of paying the full lawful rate, and is liable to the carrier accordingly. P. 250 U. S. 582.

An agreement with the consignor that title to the goods shall not pass to the consignee until delivery cannot alter the situation. Id.

Nor can the hardship to the consignee, resulting from his misunderstanding and subsequent change of situation in reliance on it. since the requirements of the statute cannot be avoided by estoppel. Id.

19 Ohio C.C. (n.s.) 103, reversed.

The case is stated in the opinion.

Page 250 U. S. 579