Re: Cranberries


Malcolm Laughlin <mlaughlinnyc@...>
 

Posted by: "John Hile" I did, however, upload a pdf scan to the STMFC file area of Rule 36 from Tariff 13 (file name: P P Tariff 13 Rule 36) which gives the general rules for furnishing refrigerator cars. Part 2 of the rule deals specifically with SFRD and PFE served railroads and their ability to refuse to furnish for loading, or accept in interchange, private cars which are to be used at or are bound for a specifically defined western territory (see Part 2 Section C) with other than perishable cargo. Meat reefers are OK, as are private cars with perishable freight requiring protection.

This seems to imply that when these rules were followed (assuming no special agreements are made between car owners or other AAR arrangements) if you saw a private reefer other than a PFE or SFRD car on the west coast, it would have come there hauling a perishible cargo. It also seems to imply that the car would not be loaded for an intra-area load, or for a perishable load heading east which would be loaded within the protected area.

I would appreciate others reading this rule and letting me know if my
interpretation is correct.
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From a legal point of view, there is a problem with that interpretation. Every railroad had a common carrier obligation to accept in interchange any load tendered to the origin road on a legal bill of lading, routed via the receiving road and loaded in accordance with applicable AAR rules for the type of load. You couldn't refuse a load because it was a particular car type or mark carrying a wrong commodity.

When short of box cars, it was not unusual for eastern roads to use PFE and other reefers for forwarder traffic to the west coast. I saw that done on the NYC on the west side.

I wonder if that language that John refers to was more pertinent to acceptance of empty private line cars in interchange. BTW the fact that a rule existed didn't necessarily mean that it was enforceable or that penalties, if any, were sufficient to dissuade a railroad from misusing a car in order to avoid loss of revenue..


Malcolm Laughlin, Editor 617-489-4383
New England Rail Shipper Directories
19 Holden Road, Belmont, MA 02478

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