Page:Federal Reporter, 1st Series, Volume 10.djvu/225

 BOOTBEBN EZPBESS 00. r. ST. h., I. U. de S. BT. 00. 213 �argued and sabmitted together, so far as the questions of law tliorein involved were concerned. �Olover e Shepley, S. M. Breckenridge, and F. E, Whitfield, for the plaintifif in the case of the Southern Express Company v. St. Louis, Iran Moimtain e Southern Railway Company. �F. E. Whitfield, for the plaintiff in the case of the Southern Ex- press Company v. Missouri dt lAttle Rock Railway Company. �Clarenee A. Seward, for the Adams Express Company in all three of the cases; and — �George F. Edmunds, John A. Campbell, and Clarenee A.Sewwrd, for the plaintifs generally. �Gov. John C. Brown appeared for the defendants generally. �Ja». 0. Broadhead and Thomas J. Portis, for the St. Louis, Iron Mountain & Southern Eailway Company. �B. C. Brown, for the Missouri & Little Bock Eailway Company. �0. W. Peck, for the Atchison, Topeka & Santa Fe Eailway Com- pany. �Lyman K. Bars, for the Denver & Eio Grande Eailway Company. �Thomas J. Portis, for the Missouri, Kansas & Texas Eailway Com- pany. �Milles and MoCbabt, JJ., being absent, Tbbat, D. J., read the following opinion and order in the first of the above-entitled causes : �MiLLEB, Justice. In these cases, argued before me at St. Louis with Judges McCrary and Treat, I can do no more tban present certain general conclusions at whioh mymind has arrived in regard to the propositions argued by counsel, �1. I am of the opinion that what is known as the express business is a branch of the carrying trade that has, by the necessities of com- merce and the usages of those engaged in transportation, become known and recognized ; that while it is not possible to give a defini- tion in terms which will embrace all the classes of articles so usually carried, and to define it with precision by words of exclusion, the general character of the business is sufficiently known and recognized as to require the court to take notice of it as distinct from the trans- portation of the large mass of freight usually carried on steam-boats and railroads; that the object of this express business is to carry small and valuable packages rapidly in such a manner as not to sub- ject them to the danger of loss and damage which to a greater or less degree attends the transportation of heavy or bulky articles of com- merce, as grain, flour, iron, ordinary merchandise, and the like. �2. It bas become law and usage, and is oue of the necessities of ��� �