CASES DECIDED 'IN THE COURT OF CLAIMS THE LOUISVILLE AND NASHVILLE RAILROAD COMPANY v. THE UNITED STATES 1 [No. A-33] On the Proofs Railroad rates; equalization agreement; usually traveled route:A route, excessive in its roundabout character and increased® mileage, is not, in view of the special facts in evidence, such a route as is contemplated in an agreement to meet "the net cash rates established via the longest land-grant mileage from point of origin to destination over usually traveled routes." The Reporter's statement of the case: Mr. Benjamin Carter for the plaintiff. Mr. Louis R. Mehlinger, with whom was Mr. Assistant Attorney General William J. Donovan, for the defendant. Messrs. Perry W. Howard and A. A. McLaughlin were on the brief. Decided April 6, 1925. Motion for new trial overruled October 26, 1925. The following are the facts as found by the court: I. Plaintiff is a corporation organized under the laws of the State of Kentucky owning and operating a system of railroads in the States of Kentucky, Indiana, Illinois, Tennessee, Georgia, Alabama, Florida, Mississippi, and Louisiana. II. In the years 1916 and 1917 there were in effect on plaintiff's said lines up to the 1st day of July, 1917, “ Joint Passenger Tariff No. 6570," issued by Joseph Richardson, agent of the Southeastern Passenger Association, and for the remainder of said period a "Southeastern Joint Baggage Tariff No. 6," issued by D. C. Wayne, acting agent of said association, both relating to the transportation of baggage, 1 Petition for writ of certiorari dismissed. 83151-26-cc-vol 61-1 1 Reporter's Statement of the Case except where they specified other conditions, in passenger trains. Both of said tariffs contained the following provisions: "Baggage defined. "(a) Baggage may be either personal or sample, defined as follows: "(b) Personal baggage consists of wearing apparel, toilet articles, and similar effects in actual use, and necessary and appropriate for the wear, use, comfort, and convenience of the passenger for the purpose of the journey, and not intended for other persons nor for sale. "c) Sample baggage consists of baggage for the commercial as distinguished from the personal use of the passenger and is restricted to catalogues, models, and samples of goods, wares, or merchandise in trunks or other suitable containers, tendered by the passenger for checking as baggage to be transported on a passenger train, for use by him in making sales or other disposition of the goods, wares, or merchandise represented thereby. "(d) Money, jewelry, negotiable papers, and like valuables should not be inclosed in baggage to be checked. The carriers issuing and concurring in this tariff will not be responsible for such articles in baggage. "(e) All baggage must be inclosed in receptacles provided with handles, securely locked or otherwise fastened, and made of material of a quality which will withstand the rapid handling and piling necessary and incident to its transportation, such as trunks, valises, telescopes, suitcases, leather hat boxes, and satchels. "Articles other than baggage which may be handled in regular baggage service. * "Camp equipage. For pri- "Charges at excess-bagvate hunting, fishing, or gage rates for gross weight; camping parties, consisting of minimum charge same as for tent poles not exceeding fif- 50 pounds excess-weight bagteen (15) feet in length, gage. tents, small bundles of bedding, and folding cots, when securely wrapped, roped or strapped; also cooking utensils, when in boxes or crates provided with handles. "Bedsteads, mattresses, bed springs, or stoves will not be checked. * Reporter's Statement of the Case "Public-entertainment paraphernalia. "Rates for baggage cars. "Rates (parties less than 25): 1. For movements by regular train of a private or extra baggage car with party of less than twenty-five (25) passengers desiring the exclusive use thereof the charge will be the regular authorized fare for each member of the party and in addition ten times the oneway first-class adult passenger fare for route traveled by car. * "Rates (parties of 25 or more): 3. For movement by regular train of a private or extra baggage car with party of not less than twenty-five (25) adults or their equivalent desiring the exclusive use thereof the charge will be the regular authorized fare for each member of the party for distance traveled by car. * "Minimum collection for each movement: 5. For each additional twenty-five (25) fares an additional baggage car may be moved without charge, providing the revenue from the party requiring two baggage cars shall not be less than forty dollars ($40.00) per movement; for party requiring three baggage cars, fifty-five dollars ($55.00) per movement." * Said baggage tariffs did not have and did not purport to have any pertinence to transportation done under bills of lading, nor to any freight transportation whatever. III. In said years 1916 and 1917, 87 shipments of freight, shown by an amended bill of particulars filed in the case, were made by authorized officers of the United States to points on plaintiff's said lines, such freights being the property of the United States and being required for the use of certain United States troops. Such shipments were made entirely upon bills of lading in a form prescribed by the War Department for transportation of Government freights, except that two were on commercial bills of lading and three on certificates. Said freights all fell under one or another head of the classification of or pertaining to the freight tariffs. In most instances two or more shipments were included in each bill rendered, and all such shipments were covered by 37 bills, each designated on said bill of particulars by plaintiff's bill number. |