Page:Federal Reporter, 1st Series, Volume 3.djvu/604

 DINSMOEE ». t., ir. A. & 0. E. 00. 697 �the express company was to pay the further sum of '8i cents for each 100 pounds. Settlement was to be made monthly. It was agreed'that the railroàd company was not.to allow its conductors or baggage-masters to carry express matter on passenger trains upon which the express company sent its messengexs; that the railroàd company should net, during the existence of the agreement, accord greater facilities or more favorable rates to any other express carrier;: that the express company should assume ail risk of loss or damage of property carried under the agreement, except such as might resuit from the carelessness of the railroàd company, ita agents, or employes ; that the railroàd company should carry such ofQcers of the express company as might be necessary to the supervision of the express business free of charge ; that money belonging to the railroàd company should be carried for it by the express company' over the line of railroàd free of charge, but at the risk of the railroàd company; and that from. and to points off the line of railroàd the express com- pany should carry money for the railroàd company at two- thirds of its regular rates to the public, and under the sama responsibility as carrier as tbough fuU rates had beei^ charged. �The agreement was to take effect on the fif teenth day of May, 1870, and continue in force one year, at the expiration of which period it might be terminated by either party, upon thirty days' previens notice in writing. �The supplement to the bill alleges that after the filing of the original bill, viz., on the day of May, 1880, the de- fendant and the Union Express Company abandoned the arrangement they had entered into, and the defendant deter- mined to do its own express business over its own road, and 'that on the fif teenth of that month it did commence to do such business ; that it entered into a joint or partnership arrange- ment with the Louisvnie & Nashville Eailroad Company, and the Louisville, Cincinnati & Lexington Eailway Com- pany, for the transaction of an express business over their lines, organizing a joint and principal office at Louisville, under the exclusive management of the Louisville & Nash- ����