Page:United States Reports, Volume 209.djvu/93

 09 U.S. Opinion of the Court. rates of shipment of the character in question, and showing that the proportionate part thereof from points on the Miss- iippi River to New York was 23 cents per 100 pounds. Upon June 16, 1905, the packing company contracted with the Wilson Steamship llne for space upon boats sailing in August for certain shipments, and notified the Burlington Company thereof, giving it a copy of the contract. On:June 17, 1905, the Burlington Company contracted with the packing com- icany to carry export shipments from Kansas City, ICansns, of products named, until December 31, 1905, at a rate the proportionate part of which from the Mississippi River to New York city .was 23 cents per 100 pounds as aforesaid. Upon August 6 1905, the tariff was amended and duly pub- lished and filed showing that the proportionate part from the Mississippi River to New York city was 35 cents instead of 23 cents per 100 pounds. One of the connecting railroads then objected to the carrying of the freight at the contract rate hereinbefore stated, and a controversy arose between it and the Burlington Company as to whether such contract should apply, the Burlington Company claiming that it should, the connecting carrier denying this contention. Upon Au- gust 17, 1905, the packing company delivered at Kansas City, Kansas, to the Burlington Company sixty-even tierces of oleo oil, property of the character covered by the contract, for export to Christiania, Norway, and upon receipt thereof at Kansns City, Kansas, the Burlington Company issued and delivered a bill of lading agreeing to carry the same to the point of destination for a through rate, which included the carriage by, and the rate of the steamship line, which bill of lading was, according to the ordinary course of business, de- livered to the Traders Despatch, one of the connecting carriers, which took the same up and issued a through bill of lading for the goods at the through rate. The bill was in triplicate, one copy thereof being delivered to and accepted by the steam- ship company. The packing company paid to the Burlington Company, as the initial carrier, the full through rate for the

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