Legal Opinion

Southern Railway Co. v. Tift

Supreme Court of the United States

Decided May 27, 1907No. 601PublishedCited by 48 opinions

Appeal prom the UNIted states circuit court op appeals FOR THE FIFTH CIRCUIT. The' facts are stated in the opinion. The “findings of fact”, made by the Corrimission in the case at bar are not conclusive. The inquiry made by the Commission in this case was not conducted on a proper basis; it was not made upon a full consideration of. all the circumstances and conditions' upon which a legitimate order could be founded; and it was unduly restricted-in its scope.

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Appeal prom the UNIted states circuit court op appeals FOR THE FIFTH CIRCUIT. The' facts are stated in the opinion. The “findings of fact”, made by the Corrimission in the case at bar are not conclusive. The inquiry made by the Commission in this case was not conducted on a proper basis; it was not made upon a full consideration of. all the circumstances and conditions' upon which a legitimate order could be founded; and it was unduly restricted-in its scope. T. & P. Ry. v. I. C. C., 162 U. S. 235. The fact that the court is authorized to “ hear and determine the matter as a court of equity”…

1Opinion of the CourtJustice McKenna

This is an appeal from a decree of the Circuit Court of Appeals affirming a decree of the Circuit Court for the Southern District of Georgia, adjudging an advance in freight rates made by appellants to be effective June 22, 1903, upon yellow pine lumber of two cents per one hundred pounds over rates previously in force, to be unjust and unreasonable, and .enjoining the appellants, jointly and severally, from maintaining the same, “in so far as they apply to shipments of lumber from points in Georgia to Ohio River destinations and points' basing thereon.”

The original bill was filed April 14,…

2Cases cited1 opinion

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907

3Cited by48 opinions

  1. United States v. Interstate Commerce CommissionSupreme Court of the United States · 1949
  2. Mitchell Coal & Coke Co. v. Pennsylvania RailroadSupreme Court of the United States · 1913
  3. Baltimore & Ohio Railroad v. United States Ex Rel. Pitcairn Coal Co.Supreme Court of the United States · 1910
  4. TI ME Inc. v. United StatesSupreme Court of the United States · 1959
  5. Inland Steel Co. v. United StatesSupreme Court of the United States · 1939

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