Cleveland Provision Co. v. Public Utilities Commission

Citations

• 104 Ohio St. (N.S.) 253

Syllabus

<p>Public utilities commission — Powers statutory — Railroads—Section 520, General Code — Requiring special equipment — Section 567, General Code — Undue or unreasonable preference or advantage to shippers — Double or single-deck stock oars— Rates — Two-for-one rule.</p> <p>1. The power and authority of the public utilities commission is statutory, and Section 520, General Code, requiring railroads to “furnish suitable cars for all persons who may apply therefor, for the transportation of any and all kinds of freight in carload lots,” does not authorize the commission to require the railroad to furnish vehicles of a special type having no reference to the safety of transportation.</p> <p>2. The duty of a common carrier under Section 567, General Code, not to give undue or unreasonable preference or advantage to any shipper or locality, or to any particular description of traffic, applies only to circumstances or conditions substantially similar.</p>