The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1888-08-30
Rail Road Ruling

In the case OF -. n. converse VS..
C. NJ. & st. p. Ry. Co.
Cause: Refusal to haul Burton
Stock Cars.
Filed February "a, 1883.
DECISION OF THE COMMISSIONERS:
Tn February "a, 1888, s. a. Con-
verse of Cresco, Iowa, made COM
plant to the Commissioners that the
c. NJ. & st. p. Ry. Co. had refused to
haul Burton Stock Cars with his cat
tie over the line of their road. The
complaint was forwarded Roswell
Miller. General Manager of the road,
who replied that his company does
not refuse to transport the cars Of
the Burton Stock Car Co.. or any
other when requested by shippers to
transport them.
Mr.. Converse on March Is states
the transaction fully. On August 25.
he arrived at New Hampton, Chicka-
saw County, with his fancy cattle in
two Burton Cars, coming over the
Minnesota g. Northwestern II. r.,
leaving cars subject to his order. On
Aug. &c. he ordered the cars shipped
by the c. M. & st. p. Ry. to Cresco:
the agent refused to forward the
cars, and Converse was compelled to
fit up ordinary cars to take his fine
cattle for exhibition at the Fair at
DEBORAH. Desiring to take his fine
cattle to the State Fair at DesMoines.
he again ordered these Burton cars
to POstville, and was again refused.
BY this action he was precluded from
sending his cattle to the State Fair
ut DesMoines. He states, in addition,
that he can keep his cattle in better
condition for exhibition in the Bur-
ton Stock Car than in the ordinary
car, and that he had hired these two
cars for a month for the express pur-
pose of keeping his cattle in good
condition for exhibition ut the var
ious state and county fairs.
The answer of Mr. Miller is: Our
failure to haul the empty palace
stock cars can only be explained by
the fact that Mr.. Converse unloaded
the cars at New Hampton, leaving
them on the M. & n. w. track sub
ject to his orders, and they were re-
fused because no orders had been
given to our agents or the train dis
patcher at Minneapolis, the rules
prohibiting the haulage of empty
foreign stock cars except when in
structions are given through the
proper departments
1t should be the duty of station
agent to obey the law and forward
cars and freight whenever offered by
shipper. and If any of the rules and
regulations of the company are in
conflict with the law, to place the
conditions fully before responsible
agent, and not allow a trifiing tech
MI yu,1,s a1A n1 naf
possibly know anything of. to de-
the cars for which he has paid.
Section 1902 of the Code says,
where railways are connected by a Y
or other suitable connection, they
shall haul over their respective roads
the cars OF such connecting railway
and also those Of all other railways;
Also the cars of all transportation
companies or persons at reasonable
terms and for compensation not ex.
ceeding their ordinary Rates.
The Commissioners are Of the opin
ion that the e. NJ. l. st. p. Ry. Co.
in refusing to haul the Burton Stock
Cars violated this statute, and that
it is the duty Of the shipper merely
to tender his cars for haulage. and
the n it becomes the duty Of the rail
way company to transport them
within reasonable time and for a
compensation not exceeding their Or
binary rates. If the railway COM
pany has regulations that must be
complied with before the law is obey
ed, it is the duty of its agents and Of
ficers to attend to this after the ship
per has rendered the cars. and the
responsibility is entirely with the
company after the tender. As this
complaint is evidently made not for
the purpose of recovering damages,
but for the enunciation Of principles
that should govern the action of
railroad companies in the state in
the future, the Board desires to dis
tinctly state that when the shipper
has rendered his cars to the station
agent he has done all that the law re-
quires of him, and if, for its own con-
venience, the railroad adopts rules or
forms to govern its agents, it be-
comes their duty to see them com
piled with-the shipper has no knowl-
edge of them or is under no obliya-
ton fer their enforcement.
DIES MONIES, Ia, Aug. S, 1888.
! hereby certify that the foregoing
is true and correct copy of the de-
cision of the Iowa Board of Railroad
Commissioners in the matter Of CON-
plant of s. A. Converse of Cresco,
Iowa, against the G. NJ. & st. p. Ry.
Co. w. w. AINsWORTH. Secty.