Missouri, Kansas & Texas Railway Co. v. Public Utilities Commission

Citations

• 103 Kan. 111
• 172 P. 1022
• 1918 Kan. LEXIS 198

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Utilities Commission- — Schedule of Freight Rates — Unreasonable and Discriminatory — Injunction. The record and the evidence examined, and held sufficient to support a finding and judgment of the trial court that a schedule of freight rates on chats, gravel, and rough stone, from Galena, Kan., to points in Kansas on the Missouri, Kansas & Texas Kailway, which was ordered to be established by the public utilities commission, was -unreasonably low and discriminatory, and unjust to the railway company, and that such schedule of rates was properly enjoined.</p> <p>2. Same — Discriminatory Freight Rates — Burden of Proof. A carrier may sufficiently maintain the burden of showing that a schedule of freight rates is unreasonable or noncompensatory by whatever evidence may be available and without undertaking the almost impossible task of proving the ultimate and controlling fact with the precision of a mathematical theorem.</p>