Taylor-Williams Coal Co. v. Public Utilities Commission

Citations

• 97 Ohio St. (N.S.) 224

Syllabus

<p>Public utilities commission — Railroad rates — Complaints and orders — Shippers affected — Order reducing rates — Affirmance by courts — Complaint by another shipper — Excess above suspended rate — Jurisdiction of commission — Remedy of shipper.</p> <p>1. The proceeding before the public utilities commission on a complaint filed with it, which alleges that rates charged by a railroad company are unreasonable or unjustly discriminatory, is a matter of public concern in which all shippers are interested. The orders made are general in their operation, not only in favor of the complainant in that proceeding, but of all persons interested.</p> <p>2. Where in an action brought pursuant to the statute in effect prior to the act of April 18, 1913 (103 O. L., 804), by a Tail-road company to set aside and vacate an order of the public ’ utilities commission, the order was suspended by the court and bond given -by the plaintiff company, and after such order of suspension the company collected the rate in effect prior to the order of the commission, the charge made, under such circumstances, does not furnish the basis of a complaint to the public utilities commission under Section 579, General Code. If the charge is unlawful the remedy of the shipper is by' action in a court of competent jurisdiction against the company on its liability to refund the excess charged above the amount finally determined that it was authorized to' collect.</p>