Louisville & N. R. R. v. Interstate Commerce Commission

Citations

• 195 F. 541
• 1912 U.S. Commerce Ct. LEXIS 11

Syllabus

<p>1. Commerce (§ 85*)—Interstate Commerce Commission—Power to Fix Rates—Limitations.</p> <p>While section 15 of the Interstate Commerce Act (Act Feb. 4, 1887, e. 104. 24 Stat. 384 (U. S. Comp. St. 1901, p. 3105), as amended by Act June 29, 1906, c. 3591, § 4, 34 Stat. 589 (ü. S. Comp. St. Supp. 1909, p. 1158), confers power on the Interstate Commerce Commission “whenever after a full hearing on a complaint * * * it shall be of the opinion” that</p> <p>a rate or charge of a carrier is unjust or unreasonable to prescribe “just and reasonable maximum rales,” tbe conclusion of the commission that the existing rate established by the carrier is unjust or unreasonable. and its order establishing a new rate, must be sustained by substantial evidence adduced at such hearing.</p> <p>LEd. Note.—For other cases, see Commerce, Cent. Dig. § 138; Dec. Dig. § 85.* I</p> <p>2. Commerce (§ 87*)—Interstate Commerce Commission—Fixing Rates.</p> <p>In the investigation of rate cases, comparisons are very commonly made, and the Interstate Commerce Commission may receive evidence of such a kind, giving to the facts shown their proper value without proof of similarity of conditions.</p> <p>LEd. Note.—For other cases, see Commerce, Cent. Dig. § 139; Dec. Dig. § 87.*]</p> <p>3. Carriers (§ 26*)—Interstate Commerce Commission—Fixing Rates—Reasonableness of Exisung Rates.</p> <p>That a railroad company increased a rate from what it had previously been raises no presumption, as the law formerly stood, that the new rate is unjust or unreasonable.</p> <p>fEd. Note.—For other cases, see Carriers, Cent. Dig. §§ 67-82; Dec. Dig. § 26.*]</p> <p>4. Carriers (§ 26*)—Interstate Commerce Commission—Fixing Rates—Reasonableness of Rates.</p> <p>A rate voluntarily established by a railroad company to meet competition is not to be taken as the measure of what is reasonable.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§ 67-82; Dee. Dig. § 26.*]</p> <p>5. Carriers (§ 26*)—Interstate Commerce