California Portland Cement Co. v. Public Utilities Commission

Concurring and Supplementing Opinion, in Accordance With the Directions in Section 53 of the Code of Civil Procedure*

McCOMB, J.

I concur in the judgment of this court which annuls the orders of the commission, for the following reasons:

Petitioner filed a complaint against the Union Pacific Railroad Company (hereinafter called “Union Pacific”), a common carrier railroad. It alleged that Union Pacific’s rates for iron ore from Dunn to Kaiser, a distance of 130 miles, were less than the rates from Basin to Colton, a distance of 131 miles, and were therefore discriminatory.

Petitioner alleged that…