Legal Opinion

Interstate Commerce Commission v. Baltimore & Ohio Railroad

Supreme Court of the United States

Decided June 7, 1912No. 719PublishedCited by 29 opinions

APPEAL FROM THE UNITED STATES COMMERCE COURT. The question in the case is whether railroad companies may charge a different rate for the transportation of coal to' a given point to railroads than to other shippers, the coal being intended for the use of the railroads as fuel. The Interstate Commerce Commission held that a charge of a different rate was an unlawful discrimination against other shippers and made an order requiring a cessation of such charge.

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APPEAL FROM THE UNITED STATES COMMERCE COURT. The question in the case is whether railroad companies may charge a different rate for the transportation of coal to' a given point to railroads than to other shippers, the coal being intended for the use of the railroads as fuel. The Interstate Commerce Commission held that a charge of a different rate was an unlawful discrimination against other shippers and made an order requiring a cessation of such charge. The execution of the order was enjoined by the Commerce Court. A number of railroads are petitioners and we shall refer to them as the…

1Opinion of the Court

Mu. Justice McKenna,

after stating the case as above, delivered the opinion of the court.

The case involves the consideration of §§ 2 and 3 of the Interstate Commerce Act. Section 2 provides that if any common carrier shall directly or indirectly charge or receive from any person or persons a greater or less compensation than it charges or receives from any other person or persons “for doing for him or them ,a like and contemporaneous service in the transportation of a like kind of traffic, under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of…

2Cases cited5 opinions

  1. Texas & Pacific Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1896
  2. Interstate Comm. Comm. v. Ill. Cent. RRSupreme Court of the United States · 1910
  3. Interstate Commerce Commission v. Alabama Midland Railway Co.Supreme Court of the United States · 1897
  4. Interstate Commerce Commission v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1911
  5. Wight v. United StatesSupreme Court of the United States · 1897

3Cited by29 opinions

  1. American Trucking Associations, Inc. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1967
  2. Interstate Commerce Commission v. Oregon-Washington Railroad & NavigationSupreme Court of the United States · 1933
  3. Kansas City Southern Railway Co. v. United StatesSupreme Court of the United States · 1913
  4. L. T. Barringer & Co. v. United StatesSupreme Court of the United States · 1943
  5. Crancer v. LowdenCourt of Appeals for the Eighth Circuit · 1941

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