Montgomery Ward & Co. v. Northern Pacific Terminal Co.

JAMES ALGER FEE, Chief Judge.

The decision of this Court heretofore filed1 has been subject to much misinterpretation.

The opinion, reduced to its lowest terms, held that each common carrier, whether trucker or railroad, has a duty at common law and .under the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq., to receive, transport and deliver goods in accordance with its holding out or the engagement of its posted tariff.2 This duty is almost absolute,3 since the car*522rier is excused only if performance is prevented by the act of God or the public enemy. Because neither of these defenses was…