No. 1048. HOLLIS STEDMAN AND STORIE BURT STEDMAN, DOING BUSINESS UNDER THE FIRM NAME OF HOLLIS STEDMAN & SONS, V. CHICAGO & NORTHWESTERN RAILWAY COMPANY; ST. LOUIS & SAN FRANCISCO RAILROAD COMPANY, AND ILLINOIS CENTRAL RAILROAD COMPANY. Submitted February 17, 1908. Decided March 9, 1908. 1. In February, 1904, complainants shipped three carloads of potatoes from Wautoma, Wis., to Springfield, Mo., over the following route designated by them: From Wautoma to Chicago via Chicago & Northwestern, thence via Illinois Central to East St. Louis, and thence via St. Louis & San Francisco to Springfield, and paid the combination of locals rate of 384 cents per 100 pounds. Complainants insist that this rate is unreasonable, because the shipments might have been made from Wautoma to Springfield over other lines for 25 cents per 100 pounds; Held, That the higher charge was due solely to complainants' error; that the Commission has no jurisdiction to establish a joint through rate, since a satisfactory one already exists, and that the rate charged is not found to be unreasonable in itself. 2. If these shipments had been routed via St. Louis instead of East St. Louis the rate would have been 14 cents less per 100 pounds. Apparently the Illinois Central was at fault in billing the shipments to East St. Louis instead of St. Louis, and should make good this overcharge. Burke, Alexander & Burke for complainants. F. D. Fulton and S. A. Lynde for Chicago & Northwestern Railway Company and Illinois Central Railroad Company. T. O. Jennings and E. B. Peirce for St. Louis & San Francisco Railroad Company. REPORT OF THE COMMISSION. PROUTY, Commissioner: The complainants in February, 1904, shipped three carloads of potatoes, aggregating 108,000 pounds, from Wautoma, Wis., to Springfield, Mo., upon which they paid a total freight charge of $415.80, or 38 cents per 100 pounds. They insist that the rate should have been 25 cents per 100 pounds and ask to be awarded, by 13 I. C. C. Rep. conditions as those from Tobice, and there is nothing in the record The advanupon that point other than the facts above mentioned. tage that lobice may have in being located 34 miles nearer Toledo and Cleveland than lawas seems to be substantially overcome by the fact that cars for the former must be switched in and out a distance of 7 miles and partly over a track laid and operated solely for that purpose. The Tawas ice houses are located adjacent to a community of some little importance, while the only industry at Tobico is complamants' ice business. Under the facts and circumstances shown, we are unable to find that the joint through rates from Tobico to Toledo and Cleveland on shipments of ice are excessive or other Wise unlawful. It follows that the claims for reparation have not been sustained and the complaint must therefore be dismissed. was at fault in billing the shipments to Eat St. Louis instead of St. Louis, and should make good this overcharge ke, Alexander & Burke for complainants. D. Fulton and 8 A. Lande for Chienge & Northwestern Railway any and Illinois Central Railroad Company. . Jennings and B. B. Peirce for Serie & San Franta Pal Company REPORT OF THE Comunato T, Commissioner complainants in February, 1904, shippet tree conditions as those from Tobico, and there is nothing in the rece upon that point other than the facts above mentioned. The adv tage that Tobico may have in being located 54 miles nearer Tok and Cleveland than Tawas seems to be substantially overcome the fact that cars for the former must be switched in and out a tance of 7 miles and partly over a track laid and operated solely that purpose. The Tawas ice houses are located adjacent to a co munity of some little importance, while the only industry at Tot is complainants' ice business. Under the facts and circumstan shown, we are unable to find that the joint through rates from To. to Toledo and Cleveland on shipments of ice are excessive or oui. wise unlawful. It follows that the claims for reparation have not been susta..... and the complaint must therefore be dismissed, 18 I. C. C. Rej |