George Sutherland

“ At the time of the shipment, the evidence shows there was in effect a tariff of petitioner governing transportation between Indianapolis and Charleston, duly published and filed with the Interstate Commerce Commission, setting forth the form of receipt prescribed by the Commission, and that the charges made were in accordance with this tariff. The receipt issued by petitioner, it will be seen, limits the liability of the petitioner, not in the precise words of, but substantially in accordance with, the provision contained in the receipt authorized by the Commission ”

“ On July 22, 1918, at Indianapolis, Ind., respondent caused to be delivered to petitioner two trunks weighing 200 pounds and 100 pounds, respectively, and a package weighing 10 pounds, for transportation to him at Charleston, W. Va. A receipt was given for the property, which recited that its terms and conditions were agreed to by the shipper. ”

“ Such a carrier must comply with strict requirements of the federal statutes or become subject to heavy penalties, and in respect of transactions in the ordinary course of business it is entitled to the presumption of right conduct.'
'Where an act is done which can be done legally only after the performance of some prior act, proof of the later carries with it a presumption of the due performance of the prior act.' Knox County v. Ninth National Bank, 147 U.S. 91, 97, 13 Sup. Ct. 267, 37 L. Ed. 93. See also New York Central, etc., R. R. v. ”