Legal Opinion

Portland Railway, Light & Power Co. v. Railroad Commission

Supreme Court of the United States

Decided June 10, 1913No. 119PublishedCited by 40 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP OREGON. This case originated in a complaint made by the municipal corporation of Milwaukie, in- the State of Oregon, before the Railroad Commission of -that State, seeking, an order restraining the Portland Railway, Light & Power Company, the plaintiff in error, operating a syátem of street railways in the City of Portland, Oregon, and certain suburban roads in connection therewith, from practicing certain alleged discriminations in…

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ERROR TO THE SUPREME COURT OP THE STATE OP OREGON. This case originated in a complaint made by the municipal corporation of Milwaukie, in- the State of Oregon, before the Railroad Commission of -that State, seeking, an order restraining the Portland Railway, Light & Power Company, the plaintiff in error, operating a syátem of street railways in the City of Portland, Oregon, and certain suburban roads in connection therewith, from practicing certain alleged discriminations in rates of fare, and fixing reasonable fares between the City of Portland and the town of Milwaukie. Upon hearing, the…

1Opinion of the CourtJustice Day

The contentions of violation of Federal right' alleged to have been set up and denied in the state court and therefore to be reviewable here arise under the Fourteenth Amendment to the . Constitution, securing due process of law and equal protection of the laws as against state action.

The statute under which the Railroad Commission acted in this case provides:

“The term ‘railroad’ as used herein shall mean and embrace all corporations . . . that now, or may hereafter, own, operate by . ... electric . . . power, manage.or control, any . . . interurban rail-road . . . as a common carrier in this…

2Cases cited7 opinions

  1. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  2. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  3. Washington Ex Rel. Oregon Railroad & Navigation Co. v. FairchildSupreme Court of the United States · 1912
  4. Kansas City Southern Railway Co. v. C. H. Albers Commission Co.Supreme Court of the United States · 1912
  5. Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of the United States · 1912

2 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
  2. State ex rel. Triay v. BurrSupreme Court of Florida · 1920
  3. Woodburn v. Public Service CommissionOregon Supreme Court · 1916
  4. Evco v. JonesSupreme Court of the United States · 1972
  5. Mill Creek Coal & Coke Co. v. Public Service CommissionWest Virginia Supreme Court · 1919

35 more not listed; retrieve them via the Exa API.

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