some commodities from New Madrid to St. Louis as applied over the St. Louis Southwestern; and cites rates on rails of 10 cents per 100 pounds from St. Louis to Kansas City, Mo., $1.68 per ton from St. Louis to Chicago, Ill., 11 cents per 100 pounds from St. Louis to Springfield, Mo., $1.05 per ton from Cairo and Thebes, Ill., to St. Louis, and $1.55 per ton from Thebes to New Madrid; also certain Arkansas distance rates which are not comparable to the rate assailed.

During the period in question commodity rates applied on rails and fastenings from St. Louis to stations on the Frisco in southeastern Missouri, including rates of $2 per ton to points north of Ringley, Mo., the second station north of Marston, and $3 per ton to Ringley and points south thereof and north of the Arkansas state line. The Frisco intended to apply these rates northbound also and the tariff was later amended accordingly.

For the defendants it was admitted that the rate charged was unreasonable, but it was insisted that the complainant was not entitled to a rate lower than $3 per ton, which rate applied at the time of movement from St. Louis to Marston and near-by main-line points on the Frisco, and which, save for an error in tariff publication, would also have applied in the opposite direction. Attention is called to the one-line haul of the St. Louis Southwestern from New Madrid to St. Louis, and the statement made that carrier competition has compelled the defendants to meet certain of the rates of that carrier.

We find that the rate assailed was unreasonable to the extent that it exceeded $2 per long ton on the rails and $2 per net ton on the other articles shipped. We further find that the complainant made the shipments as described and paid and bore the charges thereon; that he has been damaged to the extent of the difference between the charges paid and those that would have accrued at the rates herein found reasonable; and that he is entitled to reparation, with interest. The exact amount of reparation due can not be determined on the present record, and the complainant should prepare a statement showing the details of the shipments in accordance with rule V of the Rules of Practice, also specifying the date upon which the charges were paid, which statement should be submitted to the defendants for verification. Upon receipt of a statement so prepared and verified we will consider the entry of an order awarding reparation.

52 I. C. C.

No. 10198.

F. H. DOYLE

v.

LOUISIANA & NORTH WEST RAILROAD COMPANY ET AL.

Submitted July 18, 1918. Decided February 26, 1919.

Two carloads of oak lumber from Homer, La., to New York, N. Y., found to have been misrouted by the initial carrier. Reparation awarded.

William S. Phippen for complainant.

R. W. Barrett for defendants.

REPORT OF THE COMMISSION.

DIVISION 3, COMMISSIONERS CLARK, HALL, AND Eastman. BY DIVISION 3:

The complainant is engaged in the lumber business at New York, N. Y. By complaint seasonably filed he alleges that unreasonable charges were collected by the defendants on two carloads of oak lumber shipped from Homer, La., to New York in February and March, 1916. Reparation is asked. Rates are stated in cents per 100 pounds.

The first shipment consisted of 45,400 pounds of oak lumber on which charges of $198.85 were collected. The bill of lading bore routing notation, "Q. & C. to Cinti." The other shipment weighed 61,400 pounds, on which $268.92 was collected. The routing shown was, "via Star Union Line, Penn. R. R. dely." Both shipments moved in accordance with routing instructions through Cincinnati, Ohio, at a rate of 43.8 cents, composed of rates of 23.5 cents from Homer to Cincinnati and 20.3 cents beyond. Each bill of lading specified a rate of 35 cents to apply on the lumber. No such through rate applied by way of Cincinnati, but did apply through Bristol, Tenn., or Potomac Yard, Va.

The complainant contends that, inasmuch as the rate of 35 cents did not apply over the routes specified, the defendants should have complied with our Conference Ruling No. 474-c which reads, in part, as follows:

The obligation lawfully rests upon the carrier's agent to refrain from executing a bill of lading which contains provisions that can not lawfully be complied with or provisions which are contradictory, and therefore impossible of execution. When, therefore, the rate and the route are both given by the ship

per in the shipping instructions and the rate given does not apply via the route designated, it is the duty of the carrier's agent to ascertain from the shipper whether the rate or the route given in the shipping instructions shall be followed. The carrier will be held responsible for any damages which may result from the failure of its agents to follow this course.

The record contains no evidence that any effort was made by the initial carrier, the Louisiana & North West Railroad Company, to ascertain the desire of the shipper regarding the movement of the cars and that carrier is therefore responsible for the misrouting and resulting damage.

We find that the Louisiana & North West Railroad Company misrouted the shipments; that the complainant paid and bore the charges thereon and was damaged by the misrouting to the extent of the difference between the charges applicable over the route of movement and those that would have accrued at the rate of 35 cents per 100 pounds; and that he is entitled to reparation from the Louisiana & North West Railroad Company in the sum of $93.97, with interest. An appropriate order will be entered.

52 L. C. C.

No. 10131.

CENTRAL PENNSYLVANIA LUMBER COMPANY

v.

BUFFALO & SUSQUEHANNA RAILROAD CORPORATION

ET AL.

Submitted July 24, 1918. Decided February 26, 1919.

Shipments of lumber from Costello, Pa., to Curriers, N. Y., found to have been misrouted by the initial carrier. Reparation awarded.

J. F. Sisley for complainant.

E. H. Burgess for defendants.

REPORT OF THE COMMISSION.

DIVISION 3, COMMISSIONERS CLARK, HALL, AND EASTMAN. BY DIVISION 3:

Complainant is a corporation engaged in the lumber business at Williamsport, Pa. By complaint filed March 27, 1918, it alleges that the rate of 14.5 cents per 100 pounds charged on two carloads of lumber shipped from Costello, Pa., to Curriers, N. Y., September 3 and 11, 1917, was unreasonable to the extent that it exceeded $2.64 per net ton. Reparation is asked.

The shipments, aggregating 126,400 pounds, moved over the line of the Buffalo & Susquehanna Railroad Corporation to Wellsville, N. Y., Erie Railroad to Attica, N. Y., and the Buffalo, Attica & Arcade Railroad, now known as the Arcade & Attica Railroad Corporation, to Curriers. Charges were collected in the sum of $183.28 at the applicable joint sixth-class rate of 14.5 cents per 100 pounds. Contemporaneously a combination rate of $2.64 per net ton applied by way of the Buffalo & Susquehanna to Keating Summit, Pa., Pennsylvania Railroad to Arcade, N. Y., and Arcade & Attica beyond, composed of rates of 74 cents per net ton to Keating Summit, and $1.90 per net ton beyond. The distance from Costello to Curriers is 181 miles by the route of movement, and 89 miles by the Keating Summit route. The shipments were routed, "B. A. & A.," but no rate was inserted in the bills of lading. The complainant was entitled to have its shipments move over the cheapest route consistent with its instructions, which was by way of Keating Summit. No evidence was offered to show that the rate over the route of movement was unreasonable.

We find that the shipments were misrouted by the Buffalo & Susquehanna Railroad Corporation; that the complainant paid and bore the charges thereon in so far as they exceeded those that would have accrued at the rate of $2.64 per net ton; and that it has been damaged and is entitled to reparation from the Buffalo & Susquehanna Railroad Corporation in the sum of $16.43, with interest. An appropriate order will be entered.

No. 10152.

WISCONSIN GRANITE COMPANY

v.

CHICAGO & NORTH WESTERN RAILWAY COMPANY ET AL.

Submitted July 15, 1918. Decided February 26, 1919.

Shipments of granite paving blocks, in carloads, from Red Granite, Wis., to Kansas City, Mo., not shown to have been misrouted. Complaint dismissed. Donald A. Callahan for complainant.

Robert II. Widdicombe for defendant.

REPORT OF THE COMMISSION.

DIVISION 3, COMMISSIONERS CLARK, HALL, AND EASTMAN. BY DIVISION 3:

Complainant alleges that, due to misrouting, unreasonable charges were collected on 20 carloads of granite paving blocks shipped from Red Granite, Wis., to Kansas City, Mo., between April 17 and April 27, 1917, inclusive. Reparation is asked.

The shipments were delivered to the Chicago & North Western Railway at Red Granite and moved from that point to Kansas City, as routed by the complainant, over the Chicago & North Western, the Elgin, Joliet & Eastern, the Chicago & Eastern Illinois, and the St. Louis-San Francisco railways. Charges were collected at the applicable combination rate of 24.5 cents per 100 pounds, composed of class E rates of 13.5 cents to St. Louis, Mo., and 11 cents beyond. No rate was inserted in the bill of lading.

The complainant shows that when the shipments moved a rate of 10 cents per 100 pounds applied from Red Granite to Kansas City over the Chicago & North Western, the Elgin, Joliet & Eastern, and the Chicago & Alton railways, and insists that it would have routed the shipments over the latter route but for the fact that the agent