Filed tariff
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 233 U.S. 173 - Atchison, Topeka & Santa Fe Railway Co. v. Robinson · 1914Most cited · 252 citing opinions
binding without proof of assent
The shipper as well as the carrier is bound to take notice of the filed tariff rates, and that so long as they remain operative they are conclusive as to the rights of the parties, in the absence of facts or circumstances showing an attempt at rebating or false billing. ... To give to the oral agreement upon which the suit was brought, the prevailing effect allowed in this case ... would be to allow a special contract to have binding force and effect though made in violation of the filed schedules which were to be equally observed by the shipper and carrier.
How often courts cite the cases defining “Filed tariff”
Court decisions citing the 2 opinions that defined “Filed tariff” — 470 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1914–1914
- ORIGINAL
But so long as the tariff rate, based on value, remained operative, it was binding upon the shipper and carrier alike, and was to be enforced by the courts in fixing the rights and liabilities of the parties. The tariffs are filed with the Commission and are open to inspection at every station. In view of the multitude of transactions, it is not necessary that there shall be an inquiry as to each article, or a distinct agreement as to the value of each shipment. If no value is stated, the tariff rate applicable to such a state of facts applies. If, on the other hand, there are alternative rates based on value, and the shipper names a value to secure the lower rate, the carrier, in the absence of something to show rebating or false billing, is entitled to collect the rate which applies to goods of that class, and if sued for their loss it is liable only for the loss of what the shipper had declared them to be in class and value.
binding on carrier and shipper