Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Mills Bros.

Citations

• 101 Ohio St. (N.S.) 173

Syllabus

<p>Public Utilities Commission — Jurisdiction — Railroads— Complaint against rates — \Overcharge” and \unlawful rate“ defined — Sections 579 and 8988, General Code — Concurrent remedies — Published tariff schedules unlawful, when — Long and short haul rates — Constitutional law.</p> <p>1. A charge of a larger sum for transportation of freight than is made for the transportation of the same commodity for an equal or greater distance over the same and connecting lines of road, under the provisions of Section 8988, General Code, is an “overcharge” within the provisions of Section 579, General 'Code, which gives the Public Utilities Commission jurisdiction to entertain complaints therefor upon the part of the shipper.</p> <p>2. Although such freight charges may have been made in compliance with published tariff schedules filed by the railroad, if the rates designated in such schedule are in violation of Section 8988, General Code, such rates are unlawful and constitute an overcharge.</p> <p>3. Section 8988, General Code, prohibits the charging, for transportation of goods within the state, of a larger sum than is charged in a joint rate, for carrying the same goods an equal or greater distance over the same road and connecting lines of road.</p> <p>4. Section 579, General Code (101 O. L., 173), authorizing the commission to determine from an examination of the complaint, answer, reply and affidavits, the existence and validity of the claim presented, and to certify its finding to the court of common pleas, if in favor of the claimant, is constitutional and valid.</p>