Central Railroad v. Mauser
Supreme Court of Pennsylvania
Appeal, No. 37, Jan. T., 1913, by defendants, from judgment of C. P. Lehigh Co., Sept. T., 1911, No. 92, in favor of plaintiff in case of The Central Railroad Company of New Jersey v. Frank B. Mauser and Allen H. Cressman, trading as Mauser & Cressman. Assumpsit to recover freight charges for transportation of property. Before Trexler, P. J. The facts appear in the opinion of the Supreme Court. The case was tried by the judge without a jury by agreement of the parties.
Read the full summary
Appeal, No. 37, Jan. T., 1913, by defendants, from judgment of C. P. Lehigh Co., Sept. T., 1911, No. 92, in favor of plaintiff in case of The Central Railroad Company of New Jersey v. Frank B. Mauser and Allen H. Cressman, trading as Mauser & Cressman. Assumpsit to recover freight charges for transportation of property. Before Trexler, P. J. The facts appear in the opinion of the Supreme Court. The case was tried by the judge without a jury by agreement of the parties. The court entered judgment in favor of the plaintiff for $2,152.67. Defendants appealed. Errors assigned were various…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
In the disposition of civil cases involving violation of the provisions of the Federal Interstate Commerce Act, where the effort is to collect from a shipper the legal, prescribed rate for the service rendered, equitable principles play no part. Where there has been a departure from an established and published rate for the transportation of freight, it is never a question what the purpose back of it was, whether innocent or fraudulent, *605or whether occasioned by mutual mistake, or by the mistake of one of the parties acted upon by the other in good faith. Both…
2Cases cited2 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Kansas City Southern Railway Co. v. C. H. Albers Commission Co.Supreme Court of the United States · 1912
3Cited by25 opinions
- Suburban Water Co. v. Oakmont BoroughSupreme Court of Pennsylvania · 1920
- McFadden v. Alabama Great Southern R.Court of Appeals for the Third Circuit · 1917
- School District No. 1 v. Teachers' Retirement Fund Ass'nOregon Supreme Court · 1939
- Philadelphia & Reading Railway Co. v. BaerSuperior Court of Pennsylvania · 1914
- Emerson v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1916
20 more not listed; retrieve them via the Exa API.