Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to annul a decision of the Railroad Commission that a freight rate applied by plaintiffs in transportation transactions with the Rhinelander Paper Company was exorbitant, and authorizing a refund of the difference between such rate and what would have been a proper joint charge on the basis fixed by the Commission at the time of the decision complained of to govern future…
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action to annul a decision of the Railroad Commission that a freight rate applied by plaintiffs in transportation transactions with the Rhinelander Paper Company was exorbitant, and authorizing a refund of the difference between such rate and what would have been a proper joint charge on the basis fixed by the Commission at the time of the decision complained of to govern future operations. The order was entered April 12, 1912. It established a joint rate for the haul from Bagdad, Wisconsin, on the…
1Opinion of the Court
The following opinion was filed May 21, 1914:
MaRsítall, J.
The order made by the Railroad Commission in respect to the refund is subject to review on appeal *104from the judgment of the circuit court affirming it, as ruled in Chicago & N. W. R. Co. v. Railroad Comm. 156 Wis. 47, 145 N. W. 216.
As to whether the Railroad Commission was competent to make an order favoring a refund, since the charges involved were based on rates fixed by such Commission, the justices participating in deciding the case are equally divided, the writer and Justices Timliit and Vinje being in favor of the negative, while…
Also in this document: Dissent.
2Cases cited6 opinions
- Kentucky & I. Bridge Co. v. Louisville & N. R. Co.U.S. Circuit Court for the District of Kentucky · 1889
- Southern Pacific Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- Schneider v. EvansWisconsin Supreme Court · 1870
- Chicago & Northwestern Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1914
- Little Rock & M. R. Co. v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Marinette, Tomahawk & Western Railroad v. Railroad Commission of WisconsinWisconsin Supreme Court · 1928