#### M. V. Hart, Appellee, v. Oregon Short Line Railroad Company, Appellant.

Gen. No. 22,999.

(Not to be reported in full.)

Abstract of the Decision.

1. Courts, § 151 * — binding effect of decisions. A decision of the Appellate Court is not binding in any other case.

2. Courts, § 158* — when federal decisions binding on State courts. In questions involving interstate commerce, the .decisions of the United States Supreme Court are controlling and decisive regardless of the decisions of the State courts.

3. Commerce, § 3* — what was pa/rpose of Hepburn Act. The purpose of the Hepburn Act, as amended June 29, 1906, regulating interstate commerce was equality and prevention of discrimination.

4. Carriers, § 241* — waiver of time limit for presentation of claim of loss by carrier. A clause in an interstate limited liability *291contract of shipment of live stock, issued under the Carmack Amendment of 1906 to the Hepburn Act, finding that unless claims for loss, damage or detention be presented within ten days of the date of the unloading of the stock at destination and before the stock is mingled with other stock they shall be deemed waived, cannot be waived by the carrier.

*290Appeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in this court at the March term, 1917.

Reversed with finding of fact.

Opinion filed October 2, 1917.

Statement of the Case.

Action by M. V. Hart, plaintiff, against the Oregon Short Line Railroad Company, a corporation, defendant, to recover damages for delay in transit of a shipment of sheep. From a judgment for plaintiff for $300, defendant appeals.

John A. Sheean, for appellant.

Frank D. Fulton and Eugene L. Garey, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Holdom

delivered the opinion of the court.