Southern Ry. Co. v. Alabama Public Service Commission
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Appeal by the Southern Railway Company and others to the circuit court, in equity, Montgomery county, from an order of the Alabama Public Service Commission in a proceeding by the Alabama Company and others against the Southern Railway Company and others. From a decree affirming the order of the Commission, defendants appeal.
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Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Appeal by the Southern Railway Company and others to the circuit court, in equity, Montgomery county, from an order of the Alabama Public Service Commission in a proceeding by the Alabama Company and others against the Southern Railway Company and others. From a decree affirming the order of the Commission, defendants appeal. The Public Service Commission bas no jurisdiction to initiate special industrial rates. State v. L. & N. R. Co., 197 'Ala. 203, 72 South. 494; Lake Shore, etc., Co. v. Smith, 173 U. S. 684, 19 Sup. Ct.…
1Opinion of the CourtSayre, J.
This proceeding had its origin in a petition addressed to the Alabama Public Service Commission, filed May 21, 1920, by the Alabama Company and other companies engaged in the production of pig iron and various iron and steel ijroducts at plant's within and contiguous to what is known as the Birmingham district, in this stat'e. This petition, to employ the language therein found, concerned the reasonableness and legal propriety of advanced rates on coal, coke, ore, and limestone, constituting raw material required and used by petitioners in the manufacture of pig iron. The trafficl affected by…
2Cases cited3 opinions
- Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
- Pennsylvania Railroad v. TowersSupreme Court of the United States · 1917
- State ex rel. Attorney General v. Louisville & Nashville R. R.Supreme Court of Alabama · 1916
3Cited by2 opinions
- Alabama Power Co. v. Alabama Public Service CommissionSupreme Court of Alabama · 1925
- Mississippi Railroad Commission v. Mobile & O. R.Mississippi Supreme Court · 1929