Legal Opinion

Portland Ry. Light & Power Co. v. Railroad Commission

Oregon Supreme Court

Decided December 21, 1909PublishedCited by 14 opinions

From Marion: William Galloway, Judge Statement by Mr. Chief Justice Moore. This is a suit to set aside an order made by the defendant, the Railroad Commission of Oregon, requiring the plaintiff, the Portland Railway, Light & Power Company, a corporation, to reduce in some particulars a schedule of fares, and also to deliver, to persons paying the diminished charge, transfer tickets granting further. conveyance on other cars under its management.

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From Marion: William Galloway, Judge Statement by Mr. Chief Justice Moore. This is a suit to set aside an order made by the defendant, the Railroad Commission of Oregon, requiring the plaintiff, the Portland Railway, Light & Power Company, a corporation, to reduce in some particulars a schedule of fares, and also to deliver, to persons paying the diminished charge, transfer tickets granting further. conveyance on other cars under its management. The facts are as follows: The plaintiff controls and operates cars propelled by electricity on urban, suburban, and interurban, railways. Thus the…

1Opinion of the Court

Opinion by

Mr. Chief Justice Moore.

It- is maintained by plaintiff’s counsel that' the law in force when the order was confirmed did not authorize a regulation of fares in consequence of discrimination against any locality, but only when a difference in charges was made to passengers for like and contemporaneous service, and, such being the case, an error was committed in rendering the decree herein.

1. A statute was enacted February 18, 1907, creating a Railroad Commission, and containing provisions which, so far as deemed material, are as follows:

“The term ‘railroad’ as used herein shall mean…

2Cases cited3 opinions

  1. Menacho v. WardU.S. Circuit Court for the District of Southern New York · 1886
  2. Bullard v. Northern Pacific RailroadMontana Supreme Court · 1890
  3. Ex Parte KoehlerUnited States Circuit Court · 1885

3Cited by14 opinions

  1. State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
  2. In re Willow CreekOregon Supreme Court · 1914
  3. Pinney & Boyle Co. v. Los Angeles Gas & Electric Corp.California Supreme Court · 1914
  4. Suburban Water Co. v. Oakmont BoroughSupreme Court of Pennsylvania · 1920
  5. Southern Pacific Co. v. Heltzel & Pacific Inland Tariff Bureau, Inc.Oregon Supreme Court · 1954

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