39 Ind. App. 358 | Ind. Ct. App. | 1907
A motion to dismiss the appeal herein was heretofore overruled. Chicago, etc., R. Co. v. Railroad Com., etc. (1906), 38 Ind. App. 439. The action was instituted by the filing of a verified complaint by the Romona Oolitic Stone Company against the appellant and the Vandalia Railroad Company, complaining of a joint rate on coal from the Greene county coal fields via the Vandalia line, Gosport Junction, and then over appellant’s line to Stinesville. The rate complained of was ninety-five cents per ton, which the commission reduced to eighty cents, the reduction applying solely to that part of the charge made by appellant for transportation o.ver its line. Complaint was also made of a rule by which appellant required its agents to way-bill such coal at actual weight but not less than ninety-five per cent of the marked capacity of the ear. The commission prohibited the enforcement of this rule in all cases where the car or cars furnished would
For the reason above stated, that the questions involved have been taken out of the realm of actual controversy, the appeal herein is dismissed. Hadley, J., not participating.