Carrier's Responsibility: When shipper's routing was incomplete, it was Cheapest Available Route: See CARRIER'S RESPONSIBILITY under this Shipper's Responsibility: Shipment routed by complainant over route SAFETY APPLIANCES Considering that petitioner was an important passenger-carrying line between Signal arrangement provided by Alton R. Co. might result in confusion or Because of general upward trend in business conditions throughout the whole Dismantlement and removal, during periods of depression, of automatic train- SCHEDULES It In General: Statement in tariff, that use of carrier's warehouses would avoid Applicability and Interpretation: Commodity rates on building stone did Commodity rate and minimum weight on onions from Asherton and Catarina, Commodity rates restricted to apply on vegetables in 32-quart and 48-quart Provision in classification under general heading of "Vegetables: Fresh or Route of St. Louis-S. F. Ry., on petroleum products from the southwest to Following 159 I.C.C. 361, fifth-class rates named on "iron or steel rust pre- Fifth-class rates on commercial stearic acid from Newark, N.J., to official Tariff of Chicago, R. I. & P. Ry., naming rates from Gary, Ind., to Capitan, Intermediate rule, restricted not to apply at destinations to which "any first- Charges on wheat from Gerald, Ohio, to Pocomoke, Md., and Bangor, Maine, Joint through rate, although unrestricted as to routing, did not apply where a Combination Rule: See COMBINATION RULE. Construction: When an article is clearly embraced within a generic commod- Rule that specific description takes precedence over general description had no application where one rate was a commodity rate and the other a class rate. Id. (68). Designations in tariffs, unless specifically defined there, must be given their ordinary commercial meaning. A. Gross & Co. v. Lehigh Valley R. Co., 397 (399). Departure from: Prepayment of freight charges was not a condition precedent to application of rate named on fresh or green vegetables, n.o.i.b.n., prepaid. Prepayment is for protection of carriers and may be waived by them. J. Hamburger Co., Inc., v. Atlantic Coast Line R. Co., 295 (297). Intermediate Rule: See LONG AND SHORT HAUL. Publication: See PUBLICATION. Restricted Rates: See RESTRICTED RATES. Transit: See TRANSIT. SET-OFFS. See COUNTERCLAIMS AND SET-OFFS. SHORT HAUL. See THROUGH ROUTES (LONG HAUL) New Jersey & N.Y. R., a subsidiary of the Erie R. Co., was not entitled to railway-mail pay as a railroad less than 100 miles in length. While former carrier's reports, accounting records, and tariffs are kept and issued on basis of separate operation, its physical operations and its administrative organization are not separate and distinct from the Erie and its subsidiaries. Railway Mail Pay, 504. Fourth-section relief granted certain short and weak carriers in southern territory, to meet rates over standard lines, when similar relief had been granted standard lines, subject to circuity and other conditions. Higher rates from and to intermediate points might not exceed by more than 3.5 cents rate from or to the next more distant junction point between the short-and-weak-line carrier and its standard-line connections. Lumber from the South and Southwest, 753 (768). SOLICITATION Solicitation of goods for warehousing is an important activity in that business. Carriers use their active and efficient traffic departments for soliciting business, and private warehousemen with their smaller forces cannot compete in that respect. Propriety of Operating Practices-New York Warehousing, 134 (190). Carriers are under no obligation to place warehousing charges on a basis which will insure a profit to private warehouses, but are bound to comply with the law even though such compliance necessitates changes in rates and practices designed to attract traffic to their facilities. Id. (200). SPECIAL DOCKET Special-docket orders are based on agreed statements of facts, and cannot be considered as precedents in formal proceedings. Phoenix Utility Co. v. Abilene & S. Ry. Co., 350 (351-352). Commission's orders in special-docket cases must be regarded as formal orders as fully in all respects as orders in formal cases. Such orders are based on provisions of law and of necessity must meet all legal requirements the same as orders in formal proceedings. Tennessee Eastman Corp. v. Louisville & N. R. Co., 639 (640). Special-docket order requiring carrier to maintain assailed rate for one year precluded Commission, under principle in 284 U.S. 370, from awarding reparation in subsequent formal proceeding in which lower rates were prescribed for the future. Id. (640). SPORADIC SHIPMENTS Shippers are entitled to reasonable rates, and excessive rates cannot be con- When class rates are charged on isolated shipments and it is not shown that Where origins were not points of manufacture or distribution and shipments STARE DECISIS Special-docket orders are based on agreed statements of facts, and cannot be It is doubtful whether decisions in prior cases may properly be a source of Findings that under special circumstances Commission would not hold jointly STATE RATES. See INTRASTATE COMMERCE Statistical data from Commission's files to supplement original record was STORAGE Lower storage rates at New York for west-bound than for east-bound freight Term "transportation" as used in sec. 1 (3) includes the receipt, delivery, Much of the storage service performed by carriers at the Port of New York Storage in transit permits the stopping of goods at an intermediate point en Where stored freight could be sold by the owner locally, removed by trucks or other means, withdrawn from consumption at any time or in any quantity by means convenient to owner, and took the same storage rate even if it remained beyond the transit limit, it partook of the nature of commercial storage and was not properly in-transit storage. Designation as in-transit storage in carriers' tariffs did not invest service with characteristics of in-transit storage. Id. (196). A carrier engaged in transporting commodities in interstate commerce has not the power to furnish directly or indirectly storage or warehousing facilities not within its common-carrier duty and to act as a private or commercial warehouseman when the amounts received from such storage and transportation are not sufficient to pay the cost thereof without a concession from published freight rates. Charges must be put on a basis which, entirely independent of freight rates, will reimburse carriers for the full costs of such services. Id. (201). Warehousing and storage practices, charges collected, and allowances made in connection therewith 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. Carriers admonished to take corrective measures and carriers serving other ports admonished to adjust their charges and practices to conform with principles announced. Id. (202). SUBNORMAL RATES Low commodity rates on cotton piece goods from the South to the river crossings, as well as joint commodity rates from southern to central territory, were depressed to encourage manufacturers to meet New England competition and thus supply the southern carriers with traffic which otherwise would not have moved. Such rates from the South, even if lower than need be, were not established as standards of reasonableness. Baker-Lockwood Mfg. Co. v. Alabama G. S. R. Co., 401 (406–407). SUBSIDIARIES Carriers subject to the Act cannot lawfully accomplish violations of secs. 2 and 3 (1) by resorting to separate corporations which they dominate and direct. Propriety of Operating Practices-New York Warehousing, 134 (199). According noncompensatory warehousing charges and rental to some but not all shippers, directly or through dominated and controlled subsidiaries, violated sec. 6 (7) of the Interstate Commerce Act and provisions of the Elkins Act. Id. (200). SUCCESSORS Informal complaint named as complainant firm represented by administratrix of its owner. Prior to filing of formal complaint administratrix was discharged, but sought reparation therein as successor to the rights and interests of her husband. Evidence found sufficient to support award of reparation to claimant. Anderson Oil Co. v. Atchison, T. & S. F. Ry. Co., 525 (529). Informal complaint was filed in name of firm operated by copartners one of whom died during pendency. Formal complaint was filed by surviving partner and wife of deceased partner as successor to rights of her husband. In absence of evidence to show succession of wife, petition seeking to have husband's administrator substituted as party complainant, granted. Id. (530). SUSPENSION. See INVESTIGATION AND SUSPENSION SWITCHING In General: Switching carrier was merely agent of the 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). |