St. Paul daily globe., 1893-11-18
IMPORTANT DECISION.
Limit of Carrier Liability in Case
of Loss.

--O~0@
WASHINGTON, Nov. II. The inter-
state commerce commission today in an
opinion by Commissioner Clements an
nOunced its decision in the case of BIan-
ton Duncan against the AtchiSon, To-
peka q Santa Fe system. and against
the Southern Pacific company and the
Louisville & Nashville Railroad COM.
pany. The decision contains important
rulings on rates on household goods and
emigration movables. car loads and
less than carload rates, limit of carrier
liability in case of loss.
The remedy of party for goods
shipped resulting from delays. deten-
ton, loss. breakages, and other deterior-
alton or damage, not attributable TO
violation OF any provision of the act TO
regulate commerce." the opinion saws.
''iS by appropriate action in the courts.p
'Where contract is made with q
shipper by carrier, member of 4
through line, for shipment of goods over
the line at a less than the published
lawful rates charged shippers in gem
eral, 1t is not a violation of the act to
regulate commerce for the delivering
carrier TO exact payment OF the full
lawful rate before delivery. There
is no necessary connection or relation
between the rates OIL traffic of the same
class transported between the same
points IN opposite directions over the
same road, anu the rate in one direction
is materially higher than that in the
opposite direction does not, as in case
of hauls over the same line In the same
direction, establish prima facie the un-
reasonaDieness of the higher rate. This
Is especially true where the laulS are O
great length.
The rates charged on "household
goods" Will not be declared unlawful
on the mere fact that as a condition of
granting them the defendants REQUIRE
the shipper TO release all claim for
damages in case of loss to the amount
OF s. per 100 pounds, or $1,000 per car
load of 10000 pounds. there being no
proof showing that such rates are un-
reasonable in view of said Limitation.
In cases of loss, The shippers remedy
is at law.
Under the western classification and
tariff there are two west-bound carload
rates from Mississippi river points to
Pacific coast terminals on goods termed
''emigTant movables," the general class
rate and the other. designated COM
modify rate and less than the
general rate; the latter rate
| is published as being omen
TO intending settlers only" but in
practice it is given 10 shippers indis-
criminately, and does not appear to be
| unreasonable III itself. 1t is held that
there is neither propriety in, nor neces-
| sity for, retaining in the classification
and tariff either the two rates or the
| statement in connection with the COM
/ modify rate that it is open to "iutend-
ing settlers only" as their intention can
! only serve to mislead the public and af-
| ford opportunity for the practice of
favoritiSm and unjust discrimination as
between shippers; also, that the west
bound rate on ''emigrant moveabies''
| Gncluding household goods'0. from
Louisville to Los Angeles should not be
in excess of the amount of said com
modify rate thereon. esaS
The agreement of the Transconti-
mental association is not on its face a
contract or agreement OF cOmbinatiou'
for THE pooling of freights'' or ssdiyis-
ion OF earnings" between different and
competing railroads, such as is declared
| unlawful by section of the act to regu-
ate commerce.