Page:Federal Reporter, 1st Series, Volume 10.djvu/222

 31 7BDEBAIi BEFOfiTBa ���riOTJTHERN Express Co. v. St. Louis, Tron Mountain & Southern �Ey. Co.* �{Circuit Court, E. D. Missom i.) �SaMB V. MeMPHIS & LiTTLE EocK E. Co.' (Circuit Court, E. B. Arkantas.') �DiNSMOEE, President, etc., r. Missouri, Kansas & Texas Ry. CoJ (Circuit Court, B. Kanaaa.) �Same V. Atohison, Topeka & Santa Fe E. Co. (Circuit Court, B. Kanaaa.) �Same v. Denvbr & Eio Grande E. Co. (Circuit Court, D. Colorado. February 21, 1882.) �1. ExPEBBS Business Depined. �The express business is a tiranch of the carrying trade, the object of which is to carry small and valuable packages rapidly and saf ely. �2. CoMMON Carriers — Railboad Companies Not Entitled to Open Express �Mattek. �A railroad company has no right to open and ihspect packages conveyed over its road whioh are in charge of an express Company. S. Same— Express Oompanibs Entitled to Do BcsiNEsa on RaiIiKoads— Rail- boad COMPANIES BOUND TO FUUNISH PROPBR PACrUTIBS —DISCRIMINATION. �Railroad companiea are bound, as common carriers, tp allow express compa- nies to do business on their roads, and to provide such Conveyances, by special cars or otherwise, attached to their trains, as are required for the safe and proper tranaportation of express matter, and they are bound to extend the use of such facilities on equal terms to all who are engaged in the e,xpress business. �4. Same — Rates of Compensation. �Railroad companies are entitled to fair and reasonable rates of compensa- tion. �5. Same— How Fixed Where Parties Disagree. �Where rates of compensation cannot be agreed upon, the question of what rates are fair and reaaonable is for the courts to decide. �6. Same— Cannot be Eixbd bt Railroad Company. �A railroad company cannot lawfully flx upon an absolute rate of compensa- tion and insist upon being paid by express companies in advance or at the end of each trip. �7. Same — Where There Has Bebn no Prbvious Arrangement as to Rates. �Where no previous arrangement has existed, the court may devise a mode cl compensation to be paid as the business progresses, with power of final re- vision. �*Reported by B. F. Rei, Esq., of the St. Louis bar. ��� �