James & Abbott against the Canadian Pacific Railway Company, et al. First.--The statute provides that "no complaint shall at any time be dismissed because of the absence of direct damage to the complainant," and defendants are therefore not entitled to a dismissal of the complaint on the ground that the petitioners, being merely commission merchants, can sustain no direct or material damage under the rates in question. Second. When water competition is alleged to justify rates in any case under the statute the carrier must affirmatively show by proof which does more than create a presumption and which clearly establishes that such competition is a controlling factor in the transportation of traffic important in amount from the point in question. Third.--Manufacturing industries should not be deprived, through a carrier's adjustment of relative rates, of advantages resulting from their favorable location in respect of cost of raw material supplied from a common source, or of distance to the common market for the finished product. Fourth.--A departure from equal mileage rates on different branches or divisions of a road is not conclusive that the rates are unlawful, but the burden is on the company making such departure to show its rates to be reasonable when disputed. Citing Logan vs. Chicago & Northwestern Railroad Company, 2 Inters. Com. Rep. 431; 2 I. C. C. Rep. 604. Fifth. When the reasonableness or relative reasonableness of charges is challenged, every material consideration which enters into the making of such charges, including the apportionment thereof to connecting roads in a through line, is pertinent to the inquiry. Sixth.--The "drive" of shingle logs down rivers which flow past the place of cut in Maine to a seaport in Canada where shingle mills are located, and from which the product may go by sea to market ports, affects shingle traffic from competing mills located along these rivers at a place in Canada and a place in Maine, but operates with less force at the latter point The rail rate from the Canadian mill to market being fixed with especial reference to the effect of the log drive to and water competition for shingle traffic from the seaport, the rate from the Maine mill should be made upon the same basis. Seventh.-Defendants ordered to restore the relation of rates on shingles to Boston which they established after the filing of complaint herein but soon after discontinued, to-wit; a rate from Fort Fairfield in Maine of not exceeding 61⁄2 cents above the rate in force from Fredericton in Canada. Complainant's claim for reparation denied. Charles H. Brownell against Columbus & Cinncinnati Midland Railroad Company. First.-Unreasonable or unjust classification of a commodity is not shown by evidence of lower classification for articles widely dissimilar in the elements of risk, weight, bulk, value or general character. The proper method of comparison is the classification accorded by the carriers to analagous articles. Second.-When an article moves in sufficient volume and the demands of commerce will be better served, it is reasonable to give a lower classification for carloads than that which is applied to less than carload quantities, but the difference in such classification. should not be so wide as to be destructive to competition between large and small dealers. Thurber vs. New York Cent. & H. R. R. Co., 2 Inters. Com. Rep., 742; 3 1. C. C. Rep., 473, cited and reaffirmed. The justice of a claim for a lower rating on carload lots can only be determined upon the facts in each case. Third. When on complaint of a carload shipper unjust discrimination is alleged to result from equal rates on carload and less than carload quantities of the same commodity, the burden of proof is upon the complainant. Fourth.-Upon complainant alleging unjust discrimination against carload shippers of eggs in favor of shippers in less than carloads, it appeared that under the "official classification" eggs take second class rates for carload or less quantities; that the commodity is carried in refrigerator cars; that for carload shipments ice to the amount of 6,000 pounds is furnished by the carrier without extra charge; that less than carload shipments are taken from local stations in "pick up" cars to distributing points and forwarded in carloads to New York and other large markets; that not withstanding the special facilities afforded to small shipments by the carriers, the large dealers control 83 per cent of the traffic. Held, upon all the facts in the case, that no unjust discrimination results to the carload shipper from the equal rating of carload and less than carload lots and the special service rendered in gathering and forwarding small shipments, and the complaint should therefore be dismissed. Fifth.-Power of concentrated business interests to force concessions in transportation rates which operate to the disadvantage of the general public discussed. The Tecumseh Celery Company vs. The Cincinnati, Jackson & Mackinaw Railway Com pany and the Wabash Railroad Company. Complaint filed February 1, 1892. Decided June 15, 1893. First.-When a carrier fails to answer a complaint filed under section 13 of the act to regu late commerce, the Commission will take such proof of the facts as may be deemed proper and reasonable, and make such order thereon as the circumstances of the case appear to require. Second. For that portion of its line over which the Western Classification is in force, the Wabash road should class celery with cauliflower, asparagus, lettuce, green peas, string beans, oyster plant, egg plant and other vegetables enumerated in Class C of that classification, rather than with berries, peaches, grapes and other fruits specified in Class III thereof, and the defendant should transport celery from Tecumseh to Kansas City at no higher rate per carload than they charge for carrying a carload quantity of any of said other vegetables named in Class C aforesaid; and mixed carloads of celery and cauliflower, or other vegetables specified in said Class C of the Western Classification, should be transported by the defendants from Tecumseh to Kansas City at no higher rate per carload than they charge for carrying a carload quantity of either of said vegetable articles embraced in that class. DIGEST OF JUDICIAL DECISIONS. DECISIONS OF THE SUPREME COURT OF IOWA RELATING TO RAILWAYS DURING THE YEAR. EJECTMENT OF PASSENGERS FROM TRAIN. Plaintiff and her mother testified that the conductor, after demanding fare, which was refused, stopped the train and stood aside for plaintiff to alight, which she did not attempt to do; took hold of her arm and said "Come, come, Miss C., don't be obstinate and delay the train," and then lifted her down from the train. The condcutor testified that he merely requested them politely to get off, which they did, and he assisted them in so doing. Held, that the evidence was sufficient to sustain a finding that the removal was by force, and that mental suffering caused by the humiliation is a proper element of compensatory damages. Curtis vs. Sioux City & H. P. Railway Company, 51 N. W. Rep., 339. EMINENT DOMAIN-ASSESSMENT OF DAMAGES. In an application to sheriff by the owner of land which has been taken by a railroad company, asking that a jury be empaneled to assess his damages, need not allege that the owner of the land refused to grant the right of way. In such a proceeding the evidence showed that plaintiffs and others had done business as T. C. Hartley & Brothers Farming and Trading Company; that the land in question had been owned by T. C. Hartley Bros,; that one of the other co-partners who conveyed his interest in the land to Hartley Bros., who were shown to be the plaintiffs; that the interest of all the other co-partners, except one, had been conveyed to the plaintiffs; that the co-partner who did not convey had withdrawn his interest in the firm and had no interest in the land. Held, that the evidence sufficiently showed title in the plaintiff for the purpose of the proceeding. Also, that where such railroad company obtained contract for the conveyance of the right of way along a certain line through a farm, and before the road was built, the company's property was transferred by foreclosure proceedings to another company, which built its road through the farm, but for most of the way on a different line; that the railroad company was liable to the land owner for the damages for the land taken.* Hartley et al. vs. Keokuk & Northwestern Railway, 52 N. W. Rep., 352. Damages to land resulting from overflows caused by the negligent construction of a railway culvert, cannot be deemed to have been considered and settled for when the right of way through the land was acquired. Where the complaint in an action for such damages seeks to recover only for injuries inflicted for two years before the bringing of the suit, the action is not barred merely because more than six years have passed since the land was first overflowed. Where in such case the natural result would be deposits of earth, clay, etc., on the land, evidence of such deposit was properly admitted, though they were not specially pleaded. Hunt vs. Iowa Central Railway Company, 52 N. W. Rep., 668. |