Opinion
March 21, 1962.
April 12, 1962.
Common carriers — Interstate — Freight charges — Liability of consignee — Statement of carrier's agent that no charges were due.
In an action in assumpsit by a common carrier of freight in interstate commerce to recover freight charges on goods delivered to defendant, in which it appeared that defendant averred that before the freight was accepted from plaintiff the plaintiff's agent advised defendant that there were no charges due for the handling of the freight, and that the court below, holding that a consignee is liable for freight charges if he takes possession of the goods, and that plaintiff's agent had no authority to bind the carrier by his statement that the freight charges were paid and that no estoppel could be founded on the agent's statement, entered judgment on the pleadings for plaintiff; it was Held that the judgment of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 71, Oct. T., 1962, from judgment of County Court of Philadelphia, March T., 1961, No. 8390-E, in case of Acme Fast Freight, Inc. v. Esther Heffler, trading as Alter Electronics Company. Judgment affirmed.
Same case in court below: 26 Pa. D. C. 2d 575.
Proceeding upon motion of plaintiff for judgment on the pleadings in an action of assumpsit.
Order entered directing judgment for plaintiff on the pleadings, opinion by DINUBILE, J. Defendant appealed.
Lionel B. Gumnit, with him Weisberg Gumnit, for appellant.
Raymond L. Shapiro, with him Wexler, Mulder Weisman, for appellee.
Argued March 21, 1962.
The judgment of the County Court of Philadelphia is affirmed on the opinion of Judge DINUBILE, as reported in 26 Pa. D. C.2d 575 (1962).