Page:Federal Reporter, 1st Series, Volume 7.djvu/82

 Fxom admisaions contained in the answer, and f rom a stip- ulation put into^the ease by oottnselfot the respective par- ties, it appeai-'s tHat thete is n6 'dontrotersy as to certain faets, viz.: that, 7,558 bags.pf flpUr, of the weight of 140 pounds each, were delivered to the defendant for transporta- tioni lihat the ijrice to be paid' for stieh tran8;^ortation was 56 cents gold per hundred pounds ; that the flour was to be transported by the Northern Transit Une from Milwaukee to Ludington; theuce by the Fliiit & Pere Marquette Eail- way and the defehdaht's Une 6t road to Portland ; and thence by stearnship, to London. �It is stipulated that a certain tabular statement, which has beeri exhibited to you, correctly states the' dates of actual delivery of the seyeral shipments of flour to the Northern Transit line at Milwaukee, the dates of departure from Mil- waukee of the sevei-al steamers of that iiue laden with the flour, the names of such steamers, the ^uantity of flour by them respectively earried ; the dates of arrivai of the differ- ent shipments at Portland, and of the delivery of the same on board steamahips bound for Londoii; the names of such steamers, and the dates of their departure from Portland and arrivai at London; and it is expressly stipulated that the steam-ship Argosy left Portland March 27, 1880, and arrived in London April 7th ; that the steap-ship Bothel left Portland April 2d, and arrived in London April 22d; and that the Argosy and Bothel, and the steam-ships Herworth and Wood- thorn, which two last-named vessels carried the flour, were all employed by the defendant in the business of transporta- tion, and were all vessels of equal class for marine Insurance. AU these are uncontroverted facts in the case. �It appears that the flour was all delivered here in Milwau- kee to the Transit line at varions dates between February 2.6th, inclusive, and March 19th, inclusive; the largest por- tion being delivered on February 26th and March 2d. It was shipped on various days. between February 26th and March 19th, both inclusive, and arrived in Portland at different dates between March 13th, inclusive, and Marsh 30th, inclusive; the most of it so arriving on and prior to ��� �