McCrady Bros. v. Pittsburgh & Lake Erie Railroad

Citations

• 66 Pa. Super. 307
• 1917 Pa. Super. LEXIS 252

Syllabus

<p>Railroads — Rates—Freight rates — Carriers—Public Service Corn* mission.</p> <p>Where on an appeal from an order of the Public Service Commission fixing a freight rate, the Superior Court finds upon the record that the order appealed from is unreasonable, or based upon incompetent evidence materially affecting the order of the commission, or otherwise not in conformity with the law, it may reverse the order of the commission.</p> <p>The fact that a rate is prohibitive does not make it per se unlawful. There are many elements which may enter into the fixing’ of a rate, such as the factor of distance, ton-mile revenue, car-mile revenue, earnings per ear, and a comparison of the rates on other commodities of equal, or higher value, the volume of movement, the value of the service to the shipper or consignee, and the cost of service. When all, or some of these matters, and possibly others, are taken into consideration it does not follow that they will always result in the fixing of rates that will make it profitable for •every shipper to use the means of transportation. His need may be a factor to be considered, but it is not a determining one. The fact that traffic does not move is not conclusive that the rates are not reasonable.</p> <p>It is not proper for the Public Service Commission to fix a rate for a route of a mileage of thirteen miles upon a basis of what the rate should be upon a route of seven and six-tenths miles, when it does not appear that the shorter route is available, or that the carrier whose road comprises part of the shorter route is a party to the proceedings.</p>