Beeghly v. Public Utilities Commission

Citations

• 104 Ohio St. (N.S.) 158

Syllabus

<p>Railroads — Freight rates — Schedule effective although rates not used,, when — Long and short haul rates — Section 8988, General Gode (69 O.L., 27) — Public utilities commission.</p> <p>1. The words “is charged” in Section 8988, General Code of Ohio (69 O. L., 27), were used by the legislature in designation of the rate that is charged in the railroad company’s published schedule of rates and fares.</p> <p>2. In an action to recover an overcharge under Section 8988, General Code, it is not necessary as a prerequisite to the right of recovery to prove that there ever had 'been a, shipment under the lesser rate for the longer distance, but it is sufficient to prove that the lesser rate for the longer distance was the published rate of the railroad company.</p>