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alleged amount applicable Arkansas asked average awarded basis carloads carriers cars Central cents per 100 charges Chicago class rates classification coal collected combination Commission Commissioners commodity rates Company complainant complainant's connection contemporaneously damaged Decided defendants destinations difference Director distance district Division earnings east eastern effect established exceed exceeded extent fact filed fourth freight future grain haul hearing higher Illinois increased interest iron joint rates June Kansas City less loading Louis lower lumber maintained manufacture March Memphis miles mills mines Missouri moved movement Ohio Oklahoma operating origin Orleans Pacific paid Peoria period points pounds practice present prior proposed question Railroad rails reasonable record reparation respect result River Rock route rule scale scrap shipments shipped shippers shown Southern Submitted switching tariff Terminal territory tion traffic transportation trunk line unreasonable weight Western York
Page 446 - ... provided that If such loss, damage, or injury was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery.
Page 450 - Act ; nor could the carrier by its conduct give the shipper the right to ignore these terms which were applicable to that conduct and hold the carrier to a different responsibility from that fixed by the agreement made under the published tariffs and regulations. A different view would antagonize the plain policy of the Aot and open the door to the very abuses at which the Act was aimed.
Page 410 - Cars held for or by consignors or consignees for loading, unloading, forwarding directions, or for any other purpose, are subject to these Demurrage Rules, except as follows: (a) Cars loaded with live stock.
Page 453 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed. Unless claims are so made the carrier shall not be liable.
Page 588 - All complaints for the recovery of damages shall be filed with the Commission within two years from the time the cause of action accrues, and not after...
Page 449 - Any alteration, addition, or erasure in this bill of lading which shall be made without the special notation hereon of the agent of the carrier issuing this bill of lading, shall be without effect, and this bill of lading shall be enforceable according to its original tenor.
Page 411 - This shall be considered constructive placement, (b) When delivery cannot be made on specially designated public delivery tracks on account of such tracks being fully occupied, or from other...
Page 449 - To have one period of limitation where the complaint is filed before the Commission and the varying periods of limitation of the different States, where a suit was brought in a court of competent jurisdiction; or to permit a railroad company to plead the statute of limitations as against some and to waive it as against others would be to prefer some and discriminate against others in violation of the terms of the Commerce Act which forbids all devices by which such results may be accomplished.
Page 88 - Whenever the carrier or carriers, in obedience to such order of the Commission or otherwise, in respect to joint rates, fares, or charges, shall fail to agree among themselves upon the apportionment or division thereof, the Commission may after hearing make a supplemental order prescribing the just and reasonable proportion of such joint rate to be received by each carrier party thereto which order shall take effect as a part of the original order.