Legal Opinion

Baltimore & Ohio Railroad v. Public Service Commission

Superior Court of Pennsylvania

Decided October 8, 1917No. Appeal, No. 136PublishedCited by 1 opinion

Appeal, No. 136, Oct. T., 1917, by the Baltimore & OMo Railroad-Company et al., from order of Public Service Commission, in case of Baltimore & OMo Railroad Company et al. v. Public Service Commission. Complaint against a published schedule of rates for the transportation of slag.

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Appeal, No. 136, Oct. T., 1917, by the Baltimore & OMo Railroad-Company et al., from order of Public Service Commission, in case of Baltimore & OMo Railroad Company et al. v. Public Service Commission. Complaint against a published schedule of rates for the transportation of slag. From the record it appeared that until the publication of the rate in question on July IB, 1915, the railroad companies in the Pittsburgh District had not charged any rate for the transportation of slag away from the plants of iron and steel companies. The complaint was filed by the National Tube Company.…

1Opinion of the Court

Opinion by

Head, J.,

The report of the Public Service Commission which *506resulted in the order here appealed from impressively delineates the complex elements entering into the question at issue. But the fact there are difficulties — not created by the law — in the way of a plaintiff who seeks the judgment of a court of law, furnishes no good reason for the entry of such judgment unless the foundation on which it is to rest is ascertained and made plain.

The record before us clearly shows that the steel industries, in what is called the Pittsburgh District, in the manufacture of their finished…

2Cases cited1 opinion

  1. Baltimore & Ohio R. R. v. Public Service CommissionSuperior Court of Pennsylvania · 1917

3Cited by1 opinion

  1. Masgai v. Public Service CommissionSuperior Court of Pennsylvania · 1936

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