plainant states that the shipment did not break bulk at Dermott. It was testified for defendants that the shipment left Waterloo with an aggregate weight of 22,400 pounds and left Dermott with 52,600 pounds, indicating that the lading was changed or added to before leaving Dermott and that the weights of 24,000 pounds for the outfit and 12,000 pounds for the truck shown on the outbound prepaid freight bill, which were subject to correction, were incorrect. Defendants' testimony concerning the difference in weights is not directly contradicted by complainant's witness, a traffic manager at Minneapolis, Minn., who merely states that complainant has no record of paying charges at the aggregate weight of 52,600 pounds. The fact that commodities received in interstate shipments are reshipped by the consignees in the same cars in which they are received, to other points of destination, does not of necessity establish a continuity of movement or prevent a reshipment to a point within the same State from having an independent and intrastate character. Chi., Mil. & St. P. Ry. v. Iowa, 233 U. S. 334. On this record we find that the joint rates from Waterloo to Readland were not applicable as alleged and that the movement beyond Dermott was intrastate and therefore not subject to our jurisdiction. Rule 10 of the governing classification provides in substance that mixed carloads shall be charged the highest rate and be subject to the highest minimum weight provided for straight carloads of any article in the mixture, provided, however, that if lower aggregate charges result by technically excluding any of the articles from the mixture and applying to them their less-than-carload rates, collection must be made on that basis. Accordingly, the lowest applicable aggregate charges from Waterloo to Dermott were those at the class A rate of $1.045 on the outfit, minimum 26,880 pounds, and at the double-firstclass rate of $4.08 on the weight of the truck, which results in the same charges on the truck as those based on the minimum charge computed at the first-class rate, minimum 4,000 pounds. The applicable charges to Dermott were $362.50. We find that the rates assailed to Dermott were inapplicable, that the applicable rate was the class A rate of $1.045, minimum 26,880 pounds, on the contractor's secondhand outfit, and the double firstclass rate of $4.08 on the truck; that complainant made the shipment as described and paid and bore the charges thereon at the rates herein found inapplicable; that it has been damaged thereby in the amount of the difference between the charges paid for the movement to Dermott and those which would have accrued at the rates herein found applicable; and that it is entitled to reparation in the sum of $98.70, with interest. An appropriate order will be entered. TABLE OF COMMODITIES [The numbers in parentheses following citations indicate where commodity is considered.] ACID, CARBOLIC, CRUDE. Painesville, Ohio, to Chicago, Ill., and Perth Amboy and Bloomfield, N. J., 323. ALCOHOL, DENATURED: Harvey and New Orleans, La., to Valparaiso, Ind., 103. Pekin, Ill., and New Orleans, La., to central territory, 717. APPLES: Barry, Ill., to Paducah, Ky., 15. West Virginia, Maryland, Virginia, Delaware, and Pennsylvania to Jacksonville, West Palm Beach, Miami, and Tampa, Fla., 308. BAGGING. Henderson, N. C., to Texas, 299. BAGS, PAPER: Bastrop and West Monroe, La., to southern territory, 171. Rumford, Me., to Newark, N. J., and Philadelphia and Harrisburg, Pa., 444. BANANAS. New Orleans, La., Mobile, Ala., and Gulfport, Miss., to Omaha, Nebr., and Council Bluffs, Iowa, 327. BARS, SPLICE. Newberry, Pa., to Mitchell siding, Ill., 111. BATTERIES, DRY-CELL. Madison, Wis., to Mason City, Iowa, 227. BEANS, DRIED. Hughson, Calif., to Greeley, Colo., 277. BEVERAGES. New Orleans, La., to Madison, Tallahassee, and Quincy, Fla., 151. BEVERAGES, CARBONATED. Newville, Pa., to New York, N. Y., Baltimore and Hagerstown, Md., and Washington, D. C., 756. BLEACH, DRY. Wyandotte, Mich., and Chicago, Ill., to Omaha, Nebr., 182. BOARD, BINDER, BOX, AND CHIP. Whippany, N. J., to New England, 32. BOARD, CORK. New Orleans, La., to Louisville, Ky., 781. BOARD, FIBER. New Iberia, La., to southern territory, 171. BOARD, PAPER. BOARD, PULP. Whippany, N. J., to New England, 32. See Pulpboard. See Stockboard. BOARD, STRAW. See Strawboard. BOILERS. Wortham, Tex., to Norphlet, Ark., 341. BOLTS. Newberry, Pa., to Mitchell siding, Ill., 111. BOTTLES, BEVERAGE, EMPTY, RETURNED. Madison, Tallahassee, and Quincy, Fla., to New Orleans, La., 151. BRASS, SCRAP. Hartford, Conn., to New York, N. Y., and New York Harbor lighterage limits for export, 311. BRICK, CHIMNEY, RADIAL. Oak Hill, Ohio, to Rocky Mount, N. C., 333. Dayton, Tenn., and Louisville, Ky., to Miami, Fla., 725. Kansas, Missouri, Oklahoma, and Arkansas to Oklahoma and Texas, 489. CABINETS, FILING, STEEL AND WOODEN. Muskegon, Mich., to Los Angeles, Calif., 236. CABINETS, WOOD WITH SPEAKERS, LOUD, RADIO. Red Lion, Pa., to Omaha, Nebr. Minimum weight, 35. CANNED GOODS. West Palm Beach, Fla., from northern points, 647. CANS, TIN. CARS, DUMP. Okla., 118. Chicago, Ill., to Minnesota and Iowa, 777. Louisville, Ky., to Mitchell siding, Ill., 111. Mangum, Okla., and Graham, Tex., to Ranger, Tex., and Ryan, CHEESE. Chicago, Ill., Pine Island, Minn., and Wisconsin to various points. Classification, 239. CHIPBOARD. See Board, Chip. CLASS AND COMMODITY RATES. East St. Louis, Ill., from and to various points. Joint through rates, 121. CLASS RATES: Chicago, Ill., St. Louis, Mo., and points taking same rates to Sioux Falls, S. Dak., 501. New Mexico from various points via Kansas City and St. Louis, Mo., 156 (160). Wyoming, Colorado, Oklahoma, Texas, and points east of, to New Mexico, 156. CLOTH, OIL. See Oilcloth. COAL: Arkansas and Oklahoma to Texas, 409. Cascade, Iowa. Demurrage, 7. COAL, BITUMINOUS: Brazil-Clinton and Linton-Sullivan groups, Ind., to Illinois, 317. Traverse City, Mich., from Kentucky, West Virginia, and Virginia, 728. Virginia, West Virginia, and Kentucky to trunk-line and New England territories. Divisions of joint rates, 511. COCONUTS. New Orleans, La., Mobile, Ala., and Gulfport, Miss., to Omaha, Nehr., and Council Bluffs, Iowa, 327. COKE. Arkansas and Oklahoma to Texas, 409. COMPOUNDS, FERTILIZER. East St. Louis, Ill., to northeastern Texas, 427. COMPRESSORS AND COMPRESSOR PARTS. Cudahy, Wis., Kansas, Arkansas, Oklahoma, Texas, and official territory to various points, 287. CORN. Aurora, Nebr., from Nebraska transited and reshipped to Chugwater, Wheatland, and Uva, Wyo., 230. COTTON: Alabama to Montgomery, Ala., transited and reshipped to Mobile, Ala., and New Orleans, La., for export, 402. Little Rock, Ark., from Arkansas transited and reshipped to various points 163. COVERING, FLOOR, FELT-BASE. Official territory to southern, western, and official territory and Pacific coast, 189. CRANE, TRACTION. Ravenna, Ohio, to Tampa, Fla., 17. CROSS TIES. See Ties, Cross. ENGINES AND ENGINE PARTS, INTERNAL-COMBUSTION. Cudahy, Wis., Kansas, Alabama, Georgia, Illinois, North Carolina, Mississippi, Kentucky, Ten- Mississippi, Alabama, Georgia, and Tennessee to various points, 115. FITTINGS, PIPE. Louisiana, Arkansas, Oklahoma, Texas, and Kansas from and to Louisiana, Arkansas, Oklahoma, Texas, and Kansas, 421. FLAKES, CORN. Cereal, Pa., to Birmingham, Ala., Atlanta and Rome, Ga., Chattanooga and Knoxville, Tenn., and Greenville, S. C., 589. FLESHINGS, TANNERY. Durbin, W. Va., to Springdale, Pa., 305. FLINT, GROUND. Pennsylvania and West Virginia to New Jersey and Pennsylvania, 734. FLOUR, WOOD. New York, New York Harbor points, and North Tonawanda, FOIL, TIN, PLAIN AND PRINTED. Chicago, Ill., to Pocatello, Idaho, 643. Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina, Tennessee, and Virginia from the Southeast, transited and reshipped to various destinations, 625. Canada to Burlington, Vt., transited and reshipped to Massachusetts, Connecticut, Rhode Island, and New York, 57. FRUIT, CITRUS. Florida to various destinations, 339. Fruit, Dried. Yakima and Wenatchee, Wash., to various destinations for movement beyond by water, 707. FRUIT, FRESH. Tallahassee, Fla., from New York and Virginia, 397. GASOLINE. Casper, Wyo., to Indianapolis, Ind., 641. GINGER ALE. Newville, Pa., to New York, N. Y., Baltimore and Hagerstown, Md., and Washington, D. C., 756. GRAIN: Kansas City, M. & O. Ry. points in Kansas and Oklahoma to Louisiana & A. Ry. points in Louisiana via Clinton, Okla., and Little Rock, Ark., 689. Oklahoma and Kansas to Louisiana ports via Clinton, Okla. Export, 125. Trunk-line, New England, and southern territories from the West and South transited at Hagerstown, Md. Through routes and joint rates, 759. GRAIN, COARSE. Beaver, Okla., to Wichita, Kans., transited and reconsigned to Ogden, Utah, and California, 94. GRAIN PROducts: Kansas City, M. & O. Ry. points in Kansas and Oklahoma to Louisiana & A. Ry. points in Louisiana via Clinton, Okla., and Little Rock, Ark., 689. Oklahoma and Kansas to Louisiana ports via Clinton, Okla. Export, 125. Trunk-line, New England, and southern territories from the West and South transited at Hagerstown, Md. Through routes and joint rates, 759. GRAPEFRUIT. Atlanta, Ga., from Florida, 335. GRAPES. Arkansas and Missouri to central, Illinois, and western trunk-line territories, 371. Graphite, CrUDE. New York, N. Y., to Saginaw, Mich., 739. GRAVEL: Puddledock, Va., to Bayboro, N. C., 29. Quincy, Ill., to Iowa, 382. HAMPERS, FRUIT. Selma, Ala., to Tampa, Fla., 63. HARDWARE. Menominee, Mich., and Green Bay, Wis., to Upper Peninsula of Michigan, 347. HAY, BALED: Araby, Ariz., and California to San Diego and Lakeside, Calif., and related points, 673. Kansas City, Mo., and central territory to Nashville, Tenn., transited and reshipped to southeastern and Carolina territories. Transit, 19. Yuma and Araby, Ariz., and California to San Diego and Lakeside, Calif., and related points via Mexico, 673. |