Page:Federal Reporter, 1st Series, Volume 3.djvu/606

 DINSMOEE V. L., N. A. & C. E. 00,. 599 �the experience of the Adams Express Company, and of other large and long-established express companies, shows thafc the costs of such cccasional services amount to about 50 per eentum of the entire gross receipts ; that on the first day of July, 1880, the agent of the Adams Company at Louisville delivered aboard the defendant's baggage-car, attaohed to its passenger train, the safe and chest of the express company, containing divers packed parcels of express matter, destined for various points eouth of Greencastle, and also for varions points north of that place, to be transported in the usual course, but that the defendant's general superintendent of express demanded of the agent that the safe and chest should be opened for his inspection, which demand being refused by the agent of the Adams Company, the safe and chest were removed from the car and train by the defendant's superin- tendent of express, and the train departed without them; that on the next day the safe and chest were again tendered for transportation, with the same resuit, the defendant wholly refusing to reoeive the same or to permit them to b,e placed in the car unless they should first be opened for an inspection of their contents, and to enable the defendant's express agent to make a list or schedule of the contents ; that this occurred at defendant's terminal station in Louisville ; that the Adams Express Company's agent then took the safe and chest across the river to the Indiana side, and there, and at the defend- ant's depôt in New Albany, tendered the same succesaively to Cowk, the conductor, Board, the agent, and Harry Eose, the local express agent, at New Albany, of the defendant, in each case with like resuit, each refusing to receive the safe and chest, and to prevent them to be placed aboard the train, unless they should first be opened for inspection, so that a list of the contents might be taken ; that afterwards, on the same day, July 2d, the proper managing officer and agent of the Adams Company conferred with the president of the rail- way Company, with the view of effecting some reasonable agreement, by which the business might be carried on, at least, during the pendency of the sait, and until the rights of the parties might be ascertained by decree ; but that defend- ����