« PreviousContinue »
BRIEFS AND NOTES. Rules of construction. Note, 872.
BILL OF LADING.
See COMMERCE, 52.
Where a bill of lading specifies the rate per ADJOURNMENT. See CONTINUANCE AND but does not state their weight, which was 100 pounds to be paid for goods carried
May be taken before any officer ized to administer oath. Rule 12, Appendix I, 842.
AGENTS AND BROKERS. See COM-
readily ascertainable, the sum to be paid is sufficiently specified to accomplish the obauthor-ject of the Act. Little Rock & F. S. R. Co. v. Hanniford (Sup. Ct. Ark.) 580.
BRIDGES. See BICYCLERS.
2. The practice of paying commissions for such sales is not proper. Id.
3. A complaint by ticket broker, having no apparent interest in the transaction, will not be entertained. Ottinger v. Southern Pac.
R. R. Co. 607.
AMENDMENT. See PLEADING AND PRAC-
as to free baggage until violation of Act is charged. Re Order of Railway Conductors, 18, 62,315, 371; Traders & Travelers Union v. Phila. & Reading R. Co. Id.
2. The Commission has no jurisdiction in a case presented involving agreement between Traders & Travelers Union and certain carriers, for allowance of extra free baggage to Passengers presenting "baggage indemnity certificate" issued by such Union, under arrangement made prior to time when Act went into effect. Id.
APPEAL AND ERROR.
In cases arising under the law merchant, the Supreme Court of the United States has held itself less bound by the decisions of the state courts than in other cases. Cited in Smith v. Alabama (U. S. L. ed. 508) 809. APPLICATIONS.
Communication that bridge company discriminates against bicyclers. Re Kenton Wheel Club of Covington, 23.
See LONG AND SHORT
BRIEFS AND NOTES.
Power of Congress to authorize foreign corSee COMMERCE, 41; LIVE poration to build bridge. (U. S. C. Ct. N. J.) 414, 426, 435.
1. The Commission will not make rules
1. Power to regulate commerce between States extends to erection of piers, bridges and all other instrumentalities of commerce which, in the judgment of Congress, may be Stockton v. Baltimore necessary or expedient. etc. R. R. Co. (U. S. C. Ct. N. J.) 411.
ANSWER. See PLEADING AND PRACTICE, BROKERS. See AGENTS AND BROKERS.
BURDEN OF PROOF. See EVIDENCE.
CHARGES AND DISCRIMINATION, 41.
Common; who are; duties. Note, 857
2. Act of Congress of June 16, 1886, authorizing construction of bridge across Staten Island Sound, known as Arthur Kill, is valid under power of Congress to regulate inetc. R. R. Co. (U. S. C. Ct. N. Y.) 434. Id.; Decker v. Baltimore
CHARGES AND DISCRIMINATION. | small and large towns, although the effect
may be prejudicial to the latter. Crews v. Richmond & D. R. Co. 703.
I. IN GENERAL.
II. DISCRIMINATION AGAINST LOCALITIES. a. Rules as to Rates. b. Particular Localities. III. TRANSPORTATION OF SPECIFIC ARTICLES. IV. REFUSAL TO FURNISH CARS.
V. REFUSAL TO AFFORD FACILITIES TO
VI. CARRIAGE OF PASSENGERS.
BRIEFS AND NOTES.
2. Section 1 requiring charges to be reason able, and section 2, forbidding unjust discrimination, apply when exceptional charges are made under section 4, as they do in other cases. Re Southern R. & S. A880. (Re Louisville & Nashville R. Co.) 278.
15. A carrier is not responsible for
See LONG AND SHORT HAUL; RATES; TICKETS. rates made by connecting road merely because of its giving them in connection with its own rates to parties making through shipments. Id.
I. IN GENERAL.
1. Powers and procedure of the Commission. 408, 446.
3. A variety of practical considerations must enter into making of freight rates and determine to a great extent whether rates are reasonable. Evans v. Oregon Railway & Navi gation Co. 641.
13. The purpose of the Interstate Commerce Act requires that when circumstances will fairly admit of it, charges to all points for like service should be made relatively equal. Id.
12. It is not ground of complaint that railroad company equalizes its rates as between INTER S.
14. When the reasonableness of rates is in question, charges on long through lines cannot offer a just basis for comparison with local rates for relatively short distances. ld.
16. That a refusal to give a through rate as for one shipment operates prejudicially to the town desiring privilege, does not make the refusal an unjust discrimination, when the carrier applies the same rule to all towns. Id.
17. Discrimination must consist of allowing one party what is denied another. Id.
37. Providence and East Providence, R. I.A higher rate on coal from Providence than from East Providence is an unjust discrimina tion, and under the circumstances it is not permissible to make an additional charge because―Thatcher v. Fitchburg R. Co. 356. of inconvenience attending transaction of busi ness at East Providence. Providence Coal Co. v. Providence & Worcester R. Co. 316, 363.
41. Car load classifications-Leggett v. Balti more & O. R. Co. 396; Thurber v. New York Central & H. R. R. Co. et al. 397, 684.
42. Cattle in Burton stock cars-Leonard v. Union Pac. R. Co. 472, 627.
43. The expense of hauling the Burton cars in one direction unloaded, since by their construction they are not suited to carry general freight, and the fact that a large percentage of ordinary cattle cars are back loaded upon long hauls of western roads, are considerations which justify difference in charge against shippers who prefer to hire improved stock cars. Burton Stock Car Co. v. Chicago, Burlington & Quincy R. R. Co. 329.
44. Classification of freights and underbill ing-Commercial Exchange of Phila. v. Erie Despatch, 778, 821; Re Underbilling, 778, 813, 821; Walker v. Baltimore & O. R. Co. et al. 649.
46. Every carrier is held liable for correct ness of weight and classification of freight re ceived so far as same can be practically ascer tained. Id.
47. Devices for evasion of Act commented on. ld.
48. Recommendations by Commission for regulations for detecting underbilling and of legislative action imposing penalty upon ship. pers guilty of underbilling. Id.
45. Underbilling weights of freight, whereby one person pays less compensation for like services than another is written inhibition of Act. Re Underbilling, 813.
49. Coal rates-Ohio Coal Exchange v. Wis. consin Cent. R. Co. 793, 812; Rend v. Chicago & N. W. R. Co. 793, 812.
50. A discount allowed by a railroad company where consignments of coal in one year shall amount to 30,000 tons or upward is an unjust discrimination. Providence Coal Co. v. Providence & Worcester R. Co. 363.
51. Differences in rates per car load and less quantities-Ayres v. Union Pacific R. Co. 397; Classification of Railroad Freights, 317, 355.
52. Grain and flour from Schenectady, N. Y.
53. Live stock from Covington, Ky.-Carriers cannot make the yards of a certain company their exclusive stock depot at a certain place, there being other stock yards near by charging lower rates. Keith v. Kentucky Central R. Co. et al. 316, 601.
60. Milk from Orange Co. N. Y.-Howell v. New York, L. E. & W. R. Co. 467; Re Milk Traffic, 24, 292, 315, 467.
61. Mineral water from Lansing, Mich.Michigan Congress Water Co. v. Chicago & G. T. R. Co. 797.
62. Pearline, classification-Pyle v. Southern Railway & Steamship A880. 486.
63. Pearline must be placed in fifth class freight in classification of Southern Railway & Steamship Association, and relative difference in rates on pearline and common soap must not exceed difference of sixty cents per 100 pounds on pearline and thirty-three cents on common soap. Pyle v. East Tennessee, Va. & Ga. R. Co. 600, 767.
64. Rates for carrying pearline and common soap to be maintained by Southern Railway & Steamship Association, stated. Id.
65. Statement of grounds of difference of classification of freight by railroad companies given. Id.
78. It is duty of carrier to furnish cars ratably to shippers along its line until the emergency is passed. Id.
79. A charge of preference of cars to one trade over another, and of a preference to shippers in not requiring them to load or unload its cars promptly was not sustained by the evidence. Id.
80. At times of special pressure, regular customers are not entitled to preference over occasional ones. Riddle v. New York, L. E. & W. R. Co. 787.
81. Shipper need not make special contract with carrier to be entitled to transportation for goods. Id.
82. Less desirable freight must be accepted upon reasonable terms, as well as that which is more desirable. Id.
83. When equipment of carrier usually applied to transportation of particular article is not equal to demand, carrier must appropriate other cars to such service. Id.
fact that it could make more money by using its regular coal cars on another portion of its line. Id.
84. Carrier is not justified in refusing cars for transportation of coal at certain point by INTER S.
85. That at certain time article can not be profitably shipped at existing tariff rate is not conclusive evidence that that rate is unreasonable. ld.
86. The N. Y., L. E. & W. R. Co., extending to Dayton, Ohio, by agreement being consid ered with C., C., C. & I. R. Co., extending from Dayton to Cincinnati, an initial road at Cincinnati, with the right to make rates to that place, Cincinnati must be treated as point upon line for the purpose of proceeding against the company for unjust discrimination Id. in furnishing coal cars.
87. Carrier, charged with unjust discrimination, may show that it made extra exertions in good faith to obtain cars for ship per from connecting line to whom shipper had to look for such cars. Riddle v. Baltimore & O. R. Co. 701, 778.
IV. REFUSAL TO FURNISH CARS. 76. Rice v. Louisville & Nashville R. Co. 722. 93. Interchange of traffic-Western & At77. Refusing to furnish cars for transporta-lantic R. Co. v. East Tenn., Va. & Ga. R. Co. tion, when all cars are needed for trans- 488; Worcester Excursion Car Co. v. Pennsylportation of freight which has accumulat-vania R. Co. 811. ed along the line is not violation of Act. Rid dle v. Pittsburgh & L. E. R. Co. 601, 688.
V. REFUSAL TO AFFORD FACILITIES TO CON-
94. Burton Stock Car Company, which furnishes stock cars to shippers over railroad, does not exchange with or use cars belonging to others, and is not a connecting line entitled to equal facilities for interchange of traffic under section 3, par. 2, of Act. Burton Stock Car Co. v. Chicago etc. R. R. Co. 329.
111. Land explorers and settlers are not entitled to lower rates than the general public. Smith v. Northern Pac. R. R. Co. 611.
112. Rates may be reduced for religious teachers and as act of charity. Re Religious Teachers, 21.
113. Emigrants from Castle Garden, New York City. Savery v. New York Central & H. R. R. Co. 695; Savery v. Trunk Lines, 483.
114. Fares. Half rate. Re Inmates of Nat. Homes, 75..
115. Passenger rates between Hot Springs and Arika, N. C. Hot Springs v. Western North Carolina R. Co. 316.
117. Complaint by ticket broker, having no apparent interest in transaction, alleging dis crimination in allowing transfers of return portions of tickets, will not be entertained. Ottinger v. Southern Pac. R. Co. 607.
116. Tickets. Through passenger. Chicago & Alton R. Co. v. Pa. R. Co. 291, 293, 357.
109. Use of by Territorial Judge of Dakota. Tuttle v. Northern Pacific R. Co. 483, 588. 1. Any one member of a joint combina110. Complaint. Dexter v. Chicago, B. & Q. tion may file copies of joint tariff for all R. Co. 598. the members. Re Filing Copies of Joint Tariff,
Discrimination; general rule; against localities; against specific article; character, quantity, value of goods; classification; underbilling; competition; furnishing cars; connecting lines; express companies; stations; yards; terminal facilities. Note, 859-867.
Difference in cost of service so as to justify reasonable difference in rates. 725.
Complainant has burden of proof. 724. Carriage of passengers. Note, 867. CLASSIFICATION OF FREIGHT. See CHARGES AND DISCRIMINATION, 44-48. COLORED PERSONS.
1. It is an unjust discrimination to remove a colored passenger holding a first class car ticket from first class car to a second class Heard v. car, less clean and comfortable. Georgia R. Co. 314, 719; Councill v. Western & Atlantic R. Co. 292, 355, 638.
2. The separation of white and colored passengers is not unlawful if the accommodations are equal in all respects. Id.
3. The Commission declined to proceed on plaintiff's claim for damages, for injuries done in his violent removal from car, leaving him his remedy in the courts. Id. 638. COMBINATIONS.