"But if it were possible to find contracts between the shippers and the carrier without reference to the carrier's tariff, and that under these contracts it was clearly the purpose of the carrier to give, and the expectation of the shippers to receive protection under the carriers insurance policy until delivery of the goods, even if such delivery should be delayed beyond the time limited in the tariff, the contracts would be unenforceable, because violative of the Interstate Commerce Act, in that such contracts would give shippers a service, advantage, or privilege not provided by the tariff. On this point we think our decisions in Pennsylvania R. Co. v. S.M. Hamilton Coal Co., 144 Md. 556, 125 A. 405, 35 A.L.R. 478, and Monongahela Ry. Co. v. Read, 147 Md. 144, 127 A. 739, are controlling. See also, Keogh v. Chicago N.W.R. Co., 260 U.S. 156, 43 S.Ct. 47, 67 L.Ed. 183; Southern Railway Co. v. Prescott, 240 U.S. 632, 36 S.Ct. 469, 60 L.Ed. 836; Chicago, St. Paul, M. O.R. Co. v. U.S., 8 Cir., 162 F. 835; Pennsylvania Co. v. U.S., 7 Cir., 257 F. 261.
But if it were possible to find contracts between the shippers and the carrier without reference to the carrier's tariff, and that under these contracts it was clearly the purpose of the carrier to give, and the expectation of the shippers to receive, protection under the carrier's insurance policy until delivery of the goods, even if such delivery should be delayed beyond the time limited in the tariff, the contracts would be unenforceable, because violative of the Interstate Commerce Act, in that such contracts would give shippers a service, advantage or privilege not provided by the tariff. On this point we think our decisions in Pennsylvania R.R. Co. v. Hamilton Coal Co., 144 Md. 556, and Monongahela Ry. Co. v. Read, 147 Md. 144, are controlling. See also Keogh v. Chic. N.W.R. Co., 260 U.S. 156; Southern Railway Co. v. Prescott, 240 U.S. 632; Chicago, St. P.M. O.R. Co. v. United States, 162 Fed. 835; Pennsylvania Co. v. United States, 257 Fed. 261.