American Railway Express Co. V Daniel, 269 U.S. 40 (1925)

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American Railway Express Company v Daniel


No. 53


Argued October 16, 1925
Decided October 26, 1925
269 U.S. 40

CERTIORARI TO THE SUPREME COURT
OF THE STATE OF GEORGIA

Syllabus

1. Where the tariff schedules of an express company governing interstate shipments offer a lower rate for goods below a specified value and a higher rate for goods more valuable, a stipulation in an express receipt fixing the lower value in consideration of the lower rate binds the shipper, although both his agent and the carriers, in making the shipment, were unaware of the fact that the value was higher, and the latter knew the former to be thus ignorant. P. 41.

2. The sender is bound to know the relation established by the carrier’s schedules between values and rates, and in an action to recover the value of the goods, it is error to exclude the schedules from evidence. P. 42.

157 Ga. 731 reversed.

Certiorari to a judgment of the Supreme Court of Georgia affirming a recovery of damages for goods not delivered, in an action against an express company.