State ex rel. Attorney General v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from Etowah Chancery Court.. Heard before Hon. W. W. Whiteside. Application by the State, on the relation of W. L. Martin, Attorney General, against the Louisville & Nashville Railroad Company for an injunction to restrain certain rate changes. From a decree denying the injunction, but reinstating it, pending appeal, petitioner appeals, and respondent files cross-appeal.
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Appeal from Etowah Chancery Court.. Heard before Hon. W. W. Whiteside. Application by the State, on the relation of W. L. Martin, Attorney General, against the Louisville & Nashville Railroad Company for an injunction to restrain certain rate changes. From a decree denying the injunction, but reinstating it, pending appeal, petitioner appeals, and respondent files cross-appeal. The material allegation is that, in pursuance of section 1, Acts 1907, p. 713, respondent had heretofore filed with the Railroad Commission certain schedules, among others, showing its rates, fares, and charges for the…
1Opinion of the CourtAnderson, C. J.
(1, 2) The rate that respondent canceled and the one it seeks to put in is what is termed a special or industrial rate, and is therefore a preferential rate, as distin*205guished from the regular rate on the articles or commodities involved. A regular rate cannot be a special or preferential rate, and a special or preferential rate cannot be a regular rate; the terms are incongruous. Act Feb. 9, 1907, p. 80, fixed the maximum rate on intrastate freight as being the rate in force on January 1, 1907. This act was amended or modified by a subsequent act (page 711) so as to give the Railroad…
2Cited by4 opinions
- Gurley v. StateSupreme Court of Alabama · 1927
- Southern Ry. Co. v. Alabama Public Service CommissionSupreme Court of Alabama · 1923
- Mississippi Railroad Commission v. Mobile & O. R.Mississippi Supreme Court · 1929
- State ex rel. Attorney General v. Southern Railway Co.Supreme Court of Alabama · 1916