Once again: Fascinating reading.
- Paul North.
Interesting case - the linked lawsuit was an attempt to add $827,000 in tariff revenue to the previously collected $282,000. That's almost 3 times as much - on the basis that the freight rate should have been based on and included the weight of the small tanks, instead of just the phosgene gas inside those tanks. (Good thing helium or hydrogen wasn't the gas . . . would a full tank weigh less than an empty one ?!? ) It was actually a decision on the appeal by the Trustees of the Lehigh Valley Railroad, which previously lost in the lower court. With a decision date of March 31, 1977, it was likely filed sometime after the LV went into banruptcy (hence the Trustees,) but before it all went into ConRail. As such, this claim would have been an asset that remained with the estate, for possible distribution to the railroad's creditors. The Trustees were a litigious bunch and brought just about any kind of case conceivable (and a few not) in their zealous attempts to recover as much money as possible for the estate.
Although I had not known of this decision before, it kinda sorta makes sense. What's really weird is that the terminus of the shipments - Stockertown, PA - is maybe 20 miles / 25 minutes away. Plus, I had a passing acquaintance with 2 of the listed attorneys - Richard F. Stevens, a real pit bull of a litigator who however was on the wrong side of this one, and Raymond J. DeRaymond, who I would not have thought had any expertise or capability in this field.
The first interesting point is that the ICC initial decision appears to be based on the locking mechanism, which assures that at all times that the car is running on the general system of transportation the containers are not movable separate from the car (as even the ton containers appear to have been before the special '15-well' cars were built). This did not appear to have changed in the LV case, even though there appear to have been two key differences there -- the ton containers were further distributed after being removed from the car, the behavior being very similar to LCL containers or other packaging, and the fact that the same containers delivered on the car might not be, and probably were not, the same containers that arrived on it. Who here has read the 'box that changed the world' books and knows the tariffs (and discussions about formulating them!), including systems like Flexi Van or the 'kangarou' system of specially-equipped trailers?
Also -- PDN or someone else knowledgeable, how did this situation change during and after deregulation?
I was interested to discover that some other chemicals routinely travel in this sort of packaging, notably one of my favorites, N2O4. I would have thought that when Olin Mathieson made all that hydrazine (probably UDMH not MMH) for NASA they'd have shipped it this way, too ... but perhaps there was enough demand, and skilled enough people at both ends, to make shipping in a more conventional design of car the most economical approach...
Wizlish I was interested to discover that some other chemicals routinely travel in this sort of packaging, notably one of my favorites, N2O4. I would have thought that when Olin Mathieson made all that hydrazine (probably UDMH not MMH) for NASA they'd have shipped it this way, too ... but perhaps there was enough demand, and skilled enough people at both ends, to make shipping in a more conventional design of car the most economical approach...
I suspect that the big movement of N2O4 and UDMH was in the maintenance of the 54 Titan II ICBM's (IIRC, this was largely handled by tanker trucks). OTOH, NASA and the USAF did use a fair amount of both for the Titan Gemini, Titan III and Titan IV launches along with the Apollo Lunar Landing modules and more recently the OMS for the Shuttle.
- Erik
wanswheel Thanks Paul. A similar car was still rolling in the ‘70s and it, too, was involved in a lawsuit. http://www.leagle.com/decision/1977841246PaSuper595_1766/NASH%20v.%20CHEMETRON%20CORPORATION Topps, the baseball card company, had a card about it in the ‘50s. Here’s the patent. Don’t look now but the inventor wrote the 1922 article above. https://docs.google.com/viewer?url=patentimages.storage.googleapis.com/pdfs/US1458588.pdf
Note the Q&A on the right side of the lower picture. Do I remember correctly that we had a discussion a while back where it was determined that the engineer was the boss? Has it changed over the years? Is the card wrong? Do I dis-remember?
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"A stranger's just a friend you ain't met yet." --- Dave Gardner
Paul of CovingtonNote the Q&A on the right side of the lower picture. Do I remember correctly that we had a discussion a while back where it was determined that the engineer was the boss? Has it changed over the years? Is the card wrong? Do I dis-remember?
One of the conundrums of modern railroading: A promotion to engineer means you're no longer the boss....
The conductor is, indeed, in charge of the train. He/she is responsible for all the paperwork, etc.
The engineer is charged with safely and efficiently getting the train where it's going, proper train handling, etc.
Our rules state that the engineer is not to move the train without direction from the conductor.
As I often point out, I'm just pulling handles.
Note on "modern railroading." As I recall, at one time there was a career ladder to climb to conductor, and a career ladder to climb to engineer. They were parallel and did not cross, although I'm sure there were those who crossed over from one craft to the other.
Larry Resident Microferroequinologist (at least at my house) Everyone goes home; Safety begins with you My Opinion. Standard Disclaimers Apply. No Expiration Date Come ride the rails with me! There's one thing about humility - the moment you think you've got it, you've lost it...
tree68The conductor is, indeed, in charge of the train. He/she is responsible for all the paperwork, etc. The engineer is charged with safely and efficiently getting the train where it's going, proper train handling, etc. Our rules state that the engineer is not to move the train without direction from the conductor. As I often point out, I'm just pulling handles.
But let it jump the track and see who gets the blame.
Electroliner 1935But let it jump the track and see who gets the blame.
Yeah - but at least I get to ring the bell and toot the horn!
tree68Yeah - but at least I get to ring the bell and toot the horn!
And I suspect, wave to the public.
Electroliner 1935And I suspect, wave to the public.
Not to mention getting my picture taken...
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