West Virginia gateways from southern territory. Iron and steel articles, 417. Wetumka, Okla., from Parkersburg, W.Va. Derricks, 793. Whitewater, N. Mex., to Phoenix, Ariz. Feeder cattle, 729. Wichita, Kans. Livestock, 73. From and to central and eastern territories. Various commodities, 408. Williston, N.Dak., to Mandan, N.Dak. Wrought-iron pipe, 435. Wilmington, Calif., switching zone. Switching limits, 213. Wind Gap, Pa., to Lincoln and Omaha, Nebr., and Champaign and Urbana, Ill. Slate slabs, 125. Winston-Salem, N.C., from Fair Haven and Poultney, Vt., and Middle Granville, N.Y. Slate slabs, rough quarried, 125. Winthrop, Ga., to Lincoln, N.H. Kaolin or china clay, 649. Wisconsin from-Minnesota, North Dakota, and South Dakota. Sidney, Mont. Sugar, 449. South Dakota and Sioux City, Iowa. Sweetclover seed, 331. Texas Gulf ports and Lake Charles, La. Green coffee, 421. Western points. Sugar, 368. From and to Lower Peninsula of Michigan and Ohio. Hay, 388. To Fargo, N. Dak. Iron and steel articles, 337. Wood River, Ill., from Lonar, Okla. Casing-head gasoline, 585. Wyandotte, Mich., to Phillipsburg, N.J. Liquefied-chlorine, 292. Wylie, Pa., to Jackson, Newton, Laurel, and Hazlehurst, Miss. Fertilizer materials, 635. Wyoming from Parkersburg, W.Va., originating in Pennsylvania, Ohio, and West Virginia. Iron and steel tank material, 709. To official territory and Kentucky. Horses and mules, 540. Wyoming region, Pa., to Delaware, Maryland, Virginia, and District of Columbia. Anthracite coal, 287. Youngstown, Ohio, to Jackson, Newton, Laurel, and Hazlehurst, Miss. Fertilizer materials, 635. Yuma, Colo., to Phoenix, Ariz. Hogs, 729. 198 I.C.C. INDEX DIGEST [Numbers in parentheses following citations indicate pages on which subjects are considered] ACCESSORIAL SERVICES When carriers by their tariffs extend their services beyond their legal obligation as common carriers, as, for example, beyond a delivery equivalent to team-track delivery, Commission has ordinarily found that such extra service must be paid for by the shipper in order to avoid preference and prejudice. Operating Practices-New York Warehousing, 134 (198). ACCOUNTS Additions and Betterments: See ADDITIONS And BetterMENTS. Retirement: See RETIREMENT. ADDITIONS AND BETTERMENTS Propriety of Carrier using another's terminal should be charged interest equally with proprietary lines on the amounts of additions and betterments properly includible in investment account in the zones it has the right to use, and should share in reduction in investment account made for retirements in said zones. MissouriK.-T. R. Co. v. Kansas City Term. Ry. Co., 4 (12). ADJACENT FOREIGN COUNTRY In General: Rates on fertilizer materials from Niagara Falls, Ontario, Canada, to Mississippi destinations were unreasonable to the extent that they exceeded by more than 2 cents per 100 pounds the rates prescribed for equivalent distances from Niagara Falls, N.Y., and other points of origin. Reasonable rates prescribed and reparation awarded subject to routing formula prescribed in 179 I.C.C. 139 for computing distances. Jackson Freight Bureau v. Alabama G. S. R. Co., 635 (637). Canada: The following additional cases involved traffic to, from, or through Canada: Sunderland Bros. Co. v. Alton R. Co., 125 (126); Roedter v. Chicago & N. W. Ry. Co., 225. ADJUSTMENTS AND RELATIONSHIPS. See Preference and Prejudice; Location: Reduction in rates on building tile from Mineral City, Ohio, to permit complainant to compete in eastern markets, was not warranted. Under any general revision downwards, local manufacturers would still have advantage over more distant plants because of tendency to localization of consumption. Hickory Clay Products Co. v. Atlantic Coast Line R. Co., 599 (602). ADVERTISEMENTS Statement in tariff, that use of carrier's warehouses would avoid trucking charges which would be necessary if independent warehouses not having private sidings were used, was advertising and had no proper place in a tariff. It had no relation to transportation for which carrier exacted charge and should be canceled. Propriety of Operating Practices-New York Warehousing, 134 (146). AFFIDAVITS. See DAMAGes (Proof) AGENTS Switching carrier was merely agent of line-haul carrier when latter held the waybill, paid the loading and unloading charges on livestock on which it received the line haul, and had constructive custody and possession of, and was responsible for, the shipment until it had been delivered or sent on. St. Louis Live Stock Exc. v. Alton R. Co., 73 (92). AGGREGATE OF INTERMEDIATES Aggregate-of-intermediates provision of sec. 4 was not violated when shipments did not move via base points over which lower combination applied. Ingle Bros.' Broom Corn-Grain & Supply Co. v. Missouri Pac. R. Co., 1 (3). There was no departure from the aggregate-of-intermediates rule of sec. 4 where one of the intermediate rates was so restricted that it could not be applied as a factor on through shipments. Divine v. Michigan Central R. Co., 39 (41). Combination rate made under tariff circular rule 55 (c), lower than joint rate, did not violate aggregate-of-intermediates provision of sec. 4, but raised an inference that the joint rate was unreasonable. Crane Enamelware Co. v. Baltimore & O. R. Co., 267 (269). The aggregate of intermediate rates, within meaning of sec. 4, is the sum of separate rates untreated by combination rule. Id. (269). Joint rates higher than the aggregate of intermediates contemporaneously maintained are prima facie unreasonable, and this is true also where the latter rates are maintained for hauls longer than those within the application of the joint rates, and where substantially lower commodity rates for comparable and greater distances have long been maintained for like transportation from the same origin territory to contiguous destinations. Baker-Lockwood Mfg. Co. v. Alabama G. S. R. Co., 401 (406). Presumption of unreasonableness arising from joint rates in excess of the aggregate of intermediates on cotton piece goods from southern territory to western trunk-line territory was rebutted, where factors to river crossings were low commodity rates depressed to encourage southern manufacturers to meet competition and were not established as standards of reasonableness. Id. (406-407). Presumption of unreasonableness arising from joint rates in excess of aggregate of intermediates can be overcome only by a clear showing that the aggregate of intermediate rates results in less than a reasonable maximum charge. Oneal Comm. Co. v. Alabama G. S. R. Co., 662 (663). Purpose of tariff circular rule 56 (c) was to provide a means whereby carriers might prevent unforeseen or unintended violations of the fourth section. JohnsonBattle Lbr. Co. v. Seaboard Air Line Ry. Co., 796 (797). Tariff circular rule 56 (c) had no application where the lower combination was constructed on point through which shipments did not actually pass and no violation of the aggregate-of-intermediates provision of sec. 4 resulted. Id. (797). It is prima facie unreasonable to charge more as a through rate than the aggregate of intermediates: In the following cases through rates in excess of the aggregate of intermediates were found unreasonable and reparation was awarded: Dawson Produce Co. v. Atchison, T. & S. F. Ry. Co., 277 (280); Oneal Comm. Co. v. Alabama G. S. R. Co., 662. AGREEMENTS Reasonableness of rates cannot be said to depend upon agreement entered into between carriers and shippers, but rates on anthracite coal from Wyoming and Lehigh regions to Wilmington, Del., resulting from compromise agreement entered into by Wilmington coal dealers and carriers, were found not unreasonable. Wilmington Chamber of Commerce, Del., v. Baltimore & O. R. Co., 507 (520). ALLOWANCES Allowances made in connection with warehousing and storage practices at New York found to dissipate carriers' funds and revenues, not to conform with efficient and economical management as contemplated by the Act, and not to be in public interest. Propriety of Operating Practices-New York Warehousing, 134 (202). ALTERNATIVE RATES Commodity rate and minimum weight on onions from Asherton and Catarina, Tex., to Denver and Pueblo, Colo., were inapplicable under an alternative provision of the tariff where lower charges resulted from application of class rate and classification minimum. Reparation awarded. American Fruit Growers, Inc., v. Asherton & G. Ry. Co., 283 (284). Fertilizer materials were to some extent purchased for, used as, and were, fertilizers, and to establish a lower rate on the former commodity with a higher minimum than on fertilizer would result in alternative rates on the same commodity based on different carload minima, and was not justified. Eastern Fertilizer Cases, 483 (495). ANY QUANTITY In General: When any-quantity rates were found unreasonable as applied to carload shipments and reparation was awarded, the fact that shippers had received the benefit of a lower basis of rates on less-than-carload traffic under the any-quantity adjustment was not a ground for denial of reparation. Carolina Bagging Co. v. Norfolk & W. Ry. Co., 673. When a carrier, instead of providing carload and less-than-carload rates, provides only an any-quantity rate for both kinds of traffic, the presumption is that the any-quantity rate is higher than a carload rate should be and lower than a less-than-carload rate would be if both rates were on the proper basis. Id. (675-676). APPEAL AND ERROR That sec. 1 (15) contains no provisions for judicial review of Commission's finding as to extent to which joint use of terminals may be required or the compensation to be paid therefor is immaterial, as such provision is contained in the Judicial Code. Missouri-K.-T. R. Co. v. Kansas City Term. Ry. Co., 4 (34). ARBITRARIES. See DIFFERENTIALS IN RATES AND ROUTES ASSIGNMENTS Although consignee's rights had expired when assignments of claim to consignor complainant were made, such assignments were not a prerequisite, as complainant had borne a part of the charges by absorbing the differences between the rate from origin and the lowest rate from any port to destination and was entitled to reparation in the amount of charges it actually bore. mospheric Nitrogen Corp. v. Norfolk & W. Ry. Co., 309 (314). BACK HAULS. See OUT-OF-LINE HAULS BARGE LINES. See INLAND WATERWAYS BETTERMENTS. See ADDITIONS AND BETTERMENTS BILLING At In General: Character and nature of the movement of traffic and not the billing alone determine the nature of commerce and the rate applicable. A. Gross & Co. v. Lehigh Valley R. Co., 397 (399). BURDEN OF PROOF. See also PRESUMPTIONS In assailing reasonableness of classification rule 41, complainants primarily assumed burden of proving that their proposed containers equaled in every respect boxes meeting the minimum requirements of the rule. Southern Kraft Corp. v. Akron, C. & Y. Ry. Co., 587 (596). Burden was on applicant for fourth-section relief to show that rates on lumber from competitive points were depressed rates not subject to its control, but made to meet the competition of other routes, and that the higher rates which it proposed to maintain from intermediate points were not unreasonable. Lumber from the South and Southwest, 753 (769). CANADA. See ADJACENT FOREIGN COUNTRY CARLOAD RATES Although exceptions are numerous, the usual spread between carload and less-than-carload ratings is two classes. Carolina Bagging Co. v. Norfolk & W. Ry. Co., 673 (676). CAR-RENTAL CHARGES Following findings in 196 I.C.C. 781, rental charge for use of dry refrigerator cars in transportation of potatoes from North Carolina, found not unreasonable of otherwise unlawful. Carolina Shippers' Assn., Inc., v. Atlantic Coast Line R. Co., 327 (329). CARS Furnishing: It is not equitable or proper to require a shipper to pay additional charges for using a car of different dimensions or capacities from that which would suit his shipment, or forego entirely his desire to ship. Minimum weight prescribed on common brick from Weldon, N.C., to Virginia points based on marked capacity of car, or actual weight if loaded to full visible capacity, subject to rule that if carrier furnished larger car than ordered, capacity of car ordered should apply. Borden Brick & Tile Co. v. Atlantic Coast Line R. Co., 232 (235). Failure to publish two-for-one rule in connection with varying rates on livestock, dependent on the size of cars used, resulted in unreasonable charges on cattle from Medford, Oreg., to Bay Point, Calif. Reparation awarded. Dutra v. Southern Pac. Co., 353 (354). Proposed rule governing minimum weight on common brick in the South was unreasonable in that it permitted carriers, at their convenience and in disregard of shippers' requirements, to furnish equipment which might be available while denying shippers privilege of demanding such equipment, and was also discriminatory in that it would permit carrier to accord more favorable treatment to one shipper than to another similarly circumstanced. Carload Minimum Weight on Brick in the South, 371 (374). Refrigerator: See PROTECTIVE SERVICES (REFrigerator Cars). CAR SERVICE. See also TRAINS Comparison of methods of handling tank cars to and from complainant's refinery with service afforded competitors was not entirely vitiated because computations on which it was based involved approximations, assumptions, and unexplained discrepancies, or were based on inaccurate train schedules. Wilmington Chamber of Commerce v. Atchison, T. & S. F. Ry. Co., 213 (221). CIRCUITOUS ROUTES. See ROUTES (CIRCUITOUS) CLASSIFICATION Property of Carriers: See VALUATION. CLASSIFICATION (PROPERTY) In General: The classification is a part of commodity tariffs to the extent that the latter are governed thereby. Accordingly, if a commodity tariff description is to remove an article from the classification, such description must be so specific that there can be no question that it includes the article separately designated in the classification. Sunderland Bros. Co. v. Alton R. Co., 125 (131). Commodities: Ratings on commodities named were involved in the following case: Lasts, shoe, wooden: Selby Shoe Co. v. Baltimore & O. R. Co., 275. |