Legal Opinion

Board of Railroad Com'rs v. Aero Mayflower Transit Co.

Montana Supreme Court

Decided June 29, 1946No. 8646PublishedCited by 8 opinions

1Opinion of the Court

This controversy involves the question as to what extent a state may impose burdens in the way of licenses and taxes upon motor carriers engaged in interstate commerce for operating their vehicles over the highways of the state. Such exactions are imposed upon the presumption that the state owns the highways within its borders, and the exactions are imposed as compensation for their use, and the revenue derived therefrom shall be expended to build, maintain and supervise such highways.

The Board of Railroad Commissioners of the state of Montana, hereinafter referred to as the Board, brought…

2Cases cited59 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Gibbons v. OgdenSupreme Court of the United States · 1824
  3. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  4. Brown v. MarylandSupreme Court of the United States · 1827
  5. Hess v. PawloskiSupreme Court of the United States · 1927

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3Cited by8 opinions

  1. Aero Mayflower Transit Co. v. Board of Railroad CommissionersSupreme Court of the United States · 1948
  2. Garrett Freightlines v. Montana Rail. & Ps Com'nMontana Supreme Court · 1973
  3. State ex rel. Sammons Trucking, Inc. v. BoedeckerMontana Supreme Court · 1972
  4. Garrett Freightlines, Inc. v. Montana Railroad & Public Service CommissionMontana Supreme Court · 1969
  5. Garrett Freightlines v. Montana Rail. & Ps Com'nMontana Supreme Court · 1973

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