Chicago, Rock Island & Pacific Railway Co. v. Whedbee
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Baniel Hon, Judge; A shipper is not entitled to order a car and use the whole of it for a small shipment for his exclusive benefit and then pay the less than carload rate when it amounts to less than the carload rate would have amounted to, neither can he load a car with goods which, under the tariffs, can not be mixed in a car and pay the carload rate on one commodity, even though he pays on the commodity taking the…
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Appeal from Sebastian Circuit Court, Greenwood District; Baniel Hon, Judge; A shipper is not entitled to order a car and use the whole of it for a small shipment for his exclusive benefit and then pay the less than carload rate when it amounts to less than the carload rate would have amounted to, neither can he load a car with goods which, under the tariffs, can not be mixed in a car and pay the carload rate on one commodity, even though he pays on the commodity taking the highest rate. 9 I. C. C. Bep. 602. A mistake of the agent or agents of the railway companies would not relieve the…
1Opinion of the CourtMcCulloch, C. J.
Appellees shipped a carload of freight, consisting of an engine and boiler, a sawmill outfit, corn grist rocks, shaftings and pulleys, and a lot of household and kitchen furniture, from Oliver Springs, Tennessee, to Mansfield, Arkansas, over the line of the Southern Bailway Company as initial carrier and appellant, the Chicago, Bock Island & Pacific Bailway Company, as connecting or delivering carrier. Appellees’ agent prepaid to the initial carrier at the point of shipment the sum of $116, which sum was represented by said agent of the initial carrier to be the correct amount of charges for…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. WolfSupreme Court of Arkansas · 1911
3Cited by1 opinion
- Bryant Lumber Co. v. Fourche River Lumber Co.Supreme Court of Arkansas · 1916