Union Pacific Railroad v. Sterling H. Nelson & Sons, Inc.

(concurring in result) :

I agree in general with the position stated in the main opinion. The freight rate is fixed in the manner provided by law and the correct rate must be charged and paid. Otherwise, the purpose and effect of public supervision of rate structures could be circumvented by connivance. However, I think it is in error to say that the carrier (plaintiff Union Pacific Railroad Company) has no duty to inform the shipper (defendant here) as to what the correct rate is. It is my view that it does have such a duty, both legally and morally.1 But if a mistake is made, it must be…