St. Louis S.W. Ry. Co. v. Spring River Stone Co., 236 U.S. 718 (1915)

ERROR TO THE SPRINGFIELD COURT OF APPEALS

OF THE STATE OF MISSOURI

Syllabus

Where the shipper has paid full freight charges computed on full weight of shipment equalling minimum capacity of cars applied for and permitted for the class of traffic by the filed tariff, he cannot afterwards be compelled to pay an excess on recomputation of charge based on minimum capacity of larger cars supplied by the carrier on account of shortage of the size applied for, all parties having acted in good faith.

Without modifying the rule announced in former decisions in respect to the obligation on both carrier and hipper to strictly observe the lawful tariff, held, under the special circumstances of this case, failure to show that the carrier did not comply with the rules in regard to noting the fact that the smaller cars were supplied for its own convenience does not require the shipper to pay charges on the marked capacity of the car actually used.

169 Mo.App. 109 affirmed.

The facts are stated in the opinion.