REFUSING FREIGHT. Oklahoma & Arkansas Coal Traffic Bureau v. M. V. R. Co. 516. REHEARING. Cattle Raisers' Asso. of Texas v. M., K. & T. Ry. Co. 1. Cattle Raisers' Asso. of Texas v. C., B. & Q. R. Co. 507. Re Allowances to Elevators by Un. Pac. R. Co. 85. Denied. Cattle Raisers' Asso. of Texas v. C., B. & Q. Ry. Co. 6. Johnston-Larimer Dry Goods Co. v. A., T. & S. F. Ry. Co. 188. RELATIVE RATES. See also DISCRIMINATION; REASONABLE RATES. Disparity in rates between points on different roads serving shippers of coal in the same territory does not necessarily constitute such inequality as to justify the establishment of joint through rates from points on the road farthest removed from the destination points on the basis of rates from points on the other road at the expense of the latter, especially when its rates are not shown to be unreasonable. Loup Creek Colliery Co. v. Virginian Ry. Co. 471. Rates in a territory where the basing-point system is in operation, made by a combination of the through rate to the nearest trade center and the local beyond, need not be reduced to the basis of every neighboring point of like distance, when the other points in the group have the advantage of water or other competition. Commercial & I. Asso. v. L. & N. R. Co. 372. Rates fixed by State statute and interstate rates. Hope Cotton Oil Co. v. T. & P. Ry. Co. 265. Coal to Dallas, Tex., from mines in Indian Territory and southern Arkansas. Dallas Freight Bureau v. G., C. & S. F. Ry. Co. 223. To Hope, Ark., via Texarkana, from points north of Shreveport, La., on cotton seed, joint through rate of 30 cents as compared with sum of locals, 17 cents, held unreasonable. Hope Cotton Oil Co. v. T. & P. Ry. Co. 265. Cotton waste entitled to transportation at less rates than cotton goods, being less in value and involving less risk and expense in transportation. Riverside Mills v. So. Ry. Co. 388. Oil. Rates on refined oil from Erie, and other oil shipping points in Kansas, to Joplin, St. Louis and Kansas City held to be apparenly adjusted, with a view to placing the shippers on an equitable basis and affording them equal opportunities in the markets. Wilhoit v. M., K. & T. Ry. Co. 138 REMOVAL OF STATION. See STATION. REPARATION. See also PRACTICE. Will not be ordered as a matter of course, where the Commission finds that the ends of justice require the reduction of a rate complained of. Farmers Warehouse Co. v. L. & N. R. Co. 457. Carrier forwarding cars by more expensive route contrary to shipper's instructions, or in absence of instructions, must make reparation. Poor Grain Co. v. C., B. & Q. Ry. Co. 418. Hennepin Paper Co. v. Northern Pac. Ry. Co. 535. To require or permit any other carrier than the one responsible for misrouting to participate in making reparation would be to permit or require departure from established rates, which is expressly forbidden by law. Hennepin Paper Co. v. No. Pac. Ry. Co. 535. Whether may be awarded for business losses resulting from refusal to give REPARATION-Continued. Paper rate not just basis for. Missouri & Kansas Shippers Asso. v. M., K. & T. Ry. Co. 483. Abandoned on concession of rate. Hope Lumber Co. v. M., K. & T. Ry. Co. 191. AWARDED. For difference between 62-cent rate from St. Paul, Minn., to Boston, Mass., via Duluth, and 45-cent rate via Lake Michigan ports, on complainant's shipment, to be paid by Chicago, St. P., M. & O. Ry. Co. and Mutual Transit Co. as having received the whole of such difference. American Grass Twine Co. v. C., St. P., M. & O. Ry. Co. 141. To injured shippers because of unreasonable rate on strawberries from Chattanooga district to Cincinnati during season of 1907. American Fruit Union of Cincinnati v. C., N. O. & T. P. Ry. Co. 411. For arbitrary applied to shipments received from connecting lines. Blackwell Milling & Elev. Co. v. M., K. & T. Ry. Co. 23. Ponca City Milling Co. v. M., K. & T. Ry. Co. 26. For charges collected under rule of terminal carrier that minimum carload weight should be marked capacity of car, on steel rails loaded in accordance with rules of Master Car Builders Association enforced by the initial carrier, prohibiting loading to a greater weight than 75 per cent of the marked capacity. Cambria Steel Co. v. G. N. Ry. Co. 466. On shipment of brick from Cherryvale, Kans., to Duncan, Ind. T., for difference between rate charged and rate conceded to have been reasonable. Coffeyville Vitrified Brick & Tile Co. v. St. L. & S. F. R. Co. 498. In accordance with previous order, on shipments made subsequent to the filing of complaint, upon presentation of claim and proof thereof as therein provided. Farmers Warehouse Co. v. L. & N. R. Co. 520. For difference between rate applied to shipments of brick and rate put into effect pending controversy. Frederick Brick Works v. N. C. Ry. Co. 13. On shipments of hay and grain from Morganfield, Henshaw, Corydon, Grove Center, and other nearby Kentucky points, during the period when higher rate was in effect than to other group points. Harth v. I. C. R. Co. 448. For excess collected on shipments of cross-ties by reason of clerical error in tariffs. Holcomb-Hayes Co. v. I. C. R. Co. 128. On shipment of silos, on basis of difference between joint through rate and combination rate on Chicago between same points. Kalamazoo Tank & Silo Co. v. M. C. R. Co. 154. On shipments of coal, on account of error in weighing made under circumstances described Leonard v. M., K. & T. Ry. Co. 538. On shipment of brass beds, of difference between rate charged by connecting carrier on two cars furnished by an initial carrier on account of its inability to furnish a single car which would hold the minimum weight provided for in the joint tariff, and the rate to which such a shipment, if made in a single car, would have been entitled. Pacific Purchasing Co. v. Chicago & N. W. Ry. Co. 549. For unjust and unreasonable charges on cotton seed. Pressley v. G., C. & S. F. Ry. Co. 518. For drayage and transfer charge not published in tariff. Schwager & Nettleton v. G. N. Ry Co. 521. For shipments of cement plaster from Quanah, Tex., under rates held discriminatory as compared with rates from Cement, Okla. Texas Cement Plaster REPARATION-Continued. DENIED. Where no claim made in complaint and no testimony taken. Dallas Freight Bureau v. G., C. & S. F. Ry. Co. 223. On shipments made prior to filing of complaint that rate is unreasonable. Farmers Warehouse Co. v. L. & N. R. Co. 457. For damages alleged to have been sustained on account of removal of station from Chase, Ind. T., to a point 34 miles west. Jones v. St. L. & S. F. R. Co. 144. For switching charges on grain at Kansas City. Laning-Harris Coal & Grain Co. v. A., T. & S. F. Ry. Co. 479. For switching charges on coal at Kansas City paid during interval when switching charges were not absorbed in transportation charges. Leonard v. C., M. & St. P. Ry. Co. 492. For difference between through rate and combination rate on intermediate point. Morgan v. M., K. & T. Ry. Co. 525. For general injury to complainant's business by special embargo, not sustained by testimony. Rogers & Co. v. P. & R. Ry. Co. 308. For detriment proximately resulting from embargo against one commodity and individual, not ordered where record fails to show that shipments made during the embargo period were interstate. Id. For breach of contract for privilege not mentioned in tariff, because its allowance without publication was in violation of law. Shiel & Co. v. I. C. R. Co. 210. On shipment of apples in standard-sized barrels at estimated rates from Illinois points to New York City. White & Co. v. B. & O. S. W. R. Co. 306. RETROACTIVE. Tariff can not be given such effect. Re Through Routes and Through Rates, 163. RISK. Breakage. Van Camp Burial Vault Co. v. C., R. I. & P. Ry. Co. 79. Carrier to control explosives while on switch. Barden & Swarthout v. L. V. R. Co. 193. Cotton goods easily damaged. Riverside Mills v. So. Ry. Co. 388. ROUTING. If a carrier, contrary to shipper's instructions, forwards cars by a more expensive instead of a cheaper route, or, without any instructions, sends the cars by the more expensive route, such action is prima facie without justification and constitutes a fair basis for reparation; but if the shipper gives definite instructions to move the cars by the more expensive route, the carrier is relieved of the obligation to forward by the cheaper route. Pankey v. R. & D. R. Co. 3 I. C. C. Rep. 33, cited and approved. Poor Grain Co. v. C., B. & Q. Ry. Co. 418. Shipper entitled to reparation for damage resulting from disregard by carrier of obligation to forward shipment, in absence of routing instructions, by route over which lowest charge applies. Hennepin Paper Co. v. No. Pac. Ry. Co. 535. RUGS. Rates on. American Grass Twine Co. v. C., St. P., M. & O. Ry. Co. 141. SALT. Rates on. Farmers Warehouse Co. v. L. & N. R. Co. 457, 520. SCRAP IRON. Rates on. Ohsman & Effron v. C., R. I. & P. Ry. Co. 63 SERVICE. See SPECIAL SERVICE. SHERMAN LAW. See ANTITRUST Act. SHIPMENT. Small car offered, surplus should be carried at same rate. Pacific Purchasing Co. v. C. & N. W. Ry. Co. 549. SHIPPERS. Charged with knowledge of rates. Poor Grain Co. v. C., B. & Q. Ry. Co. 418. SHORT HAUL. See LONG AND SHORT HAUL. SIDE TRACK. See SWITCH TRACK. SILOS. Rate on. Kalamazoo Tank & Silo Co. v. M. C. R. Co. 154. SPECIAL RATES. With conditions possible to few shippers, disapproved. Paper Mills Co. v. Pa. R. Co. 438. SPECIAL SERVICE. Carrier undertaking to provide, in consideration of an unusually high rate, must do so or desist from charging the higher rate. American Fruit Union v. C., N. O. & T. P. Ry. Co. 411. SPIRITS. Rates on. Railroad Commission of Oregon v. C. & A. R. Co. 541. SPUR TRACK. See SWITCH TRACK. STALLINGS. See CAR FITTINGS. STATE COMMISSION. Ruling. Railroad Commission of Ohio v. H. V. Ry. Co. 398. STATE LAWS. The absorption of a competing line of railway by another in alleged violation of the statutes of a state is a matter within the control of the state courts, and can be considered by the Commission only in its ultimate results of inducing unreasonable rates. Warren Manufacturing Co. v. So. Ry. Co. 381. STATE RATES. May be changed on short notice. Morgan v. M., K. & T. Ry. Co. 525. Oil reduced to Joplin under protest. Wilhoit v. Mo. Pac. Ry. Co. 137. Fixed by statute or commission, entitled to respectful consideration, but not to be accepted as a basis for fixing an interstate rate, where shown unjust either to a carrier or a shipper. Hope Cotton Oil Co. v. T. & P. Ry. Co. 265. For passengers will not be followed in fixing interstate rates on unprosperous line. Railroad Commission of Arkansas v. St. L. & N. A. R. Co. 233. No action taken concerning rates to Kansas City, Mo., where voluntarily reduced by railroad to correspond with rates to Kansas City, Kans., reduced by state legislature. Farmers, Merchants & Shippers' Club v. A., T. & S. F. Ry. STATE REGULATION. Commission not bound by, but requires strong reasons to interefere. Farmers, Merchants & Shippers' Club v. A., T. & S. F. Ry. Co. 351. STATE TOLL. See TOLL. STATION. Jurisdiction of Interstate Commerce Commission as to, see INTERSTATE COмMERCE COMMISSION. A carrier having the lawful right in the public interest, as well as in its own interest, to move its station to a new point, can not be held liable for damages alleged to have been sustained in consequence. Jones v. St. L. & S. F. R. Co. 144. Assuming the Interstate Commerce Commission to have power to require a common carrier to locate or relocate and maintain a station at a given point, such power should not be exercised, unless all the facts and conditions clearly indicate that the interests of the general public in the locality involved are materially impaired by the lack of such facilities. Id. Removal of station at Chase, Ind. T., having 3 stores, post-office, 2 churches, 2 schoolhouses, and, within a circle of 4 miles, a population of from 300 to 400, which was located on lowlands subject to overflow, and where there was a general lack of business, to a junction point with another carrier, 2 miles west, which may be reached as conveniently by farmers, does not materially impair the interests of the general public. Jones v. St. L. & S. F. R. Co. 144. STEEL RAILS. See RAILS. STOCK YARDS. Chicago terminal charge. Cattle Raisers' Asso. of Texas v. C., B. & Q. R. Co. 507. STORAGE. Atchison entitled to same allowance on grain as sister eities. City Council of Atchison v. Mo. Pac. Ry. Co. 111. STRAW. Baled, minimums. Mason v. C., R. I. & P. Ry. Co. 61. STRAWBERRIES. Rates on transportation and refrigeration. cinnati v. C., N. O. & T. P. Ry. Co. 411. SUEZ ROUTE. American Fruit Union of Cin New York only port considered. China & Japan Trading Co. v. Ga. R. Co. 236. Time, etc. Enterprise Manufacturing Co. v. Ga. R. Co. 451. SUGAR. Rates on. Hale-Halsell Grocery Co. v. M., K. & T. Ry. Co. 136. SWITCHING. Cattle cars, Birmingham. Birmingham Packing Co. v. T. & P. Ry. Co. 500. Cost per car, Council Bluffs to Omaha. Omaha Grain Exchange v. Un. Pac. R. Co. 65. Extra, involved by reconsignment Board of Trade of Kansas City v. C., B. & Q. Ry. Co. 173. Live stock; history Chicago controversy. Cattle Raisers' Asso. of Tex. v. |