Louisville & Nashville Railroad v. Eubank

Citations

• 184 U.S. 27
• 22 S. Ct. 277
• 46 L. Ed. 416
• 1902 U.S. LEXIS 2316

Syllabus

<p>Section. 218 of the constitution of the State of Kentucky, reads as follows: “It shall be unlawful for any person or corporation, owning or operating a railroad in this State, or any common earner, to charge or receive any greater compensation in the aggregate for the transportation of. passengers, or of property of like kind, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier, or person or corporation, owning or operating a railroad in this State, to receive as great compensation for a shorter as for a longer distance: Provided, That upon application to the Railroad Commission, such common carrier, or person, or corporation owning or operating a railroad in this State, may in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may, from time to time, prescribe the extent to which such common carrier, or person, or corporation owning or operating a railroad in this State, may be relieved from the operation of this section,” As construed by the courts of that State, and so far as it is made applicable to or afiects interstate commerce, it is invalid.</p>