Standards of Reasonableness in Local Freight Discriminations

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Columbia university., 1910 - 157 sider
 

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Side 7 - ... it shall be unlawful for any common carrier to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation or locality, or any particular description of traffic, in any respect whatever, or to subject any particular person, company, etc., to any undue or unreasonable prejudice in any respect whatever.
Side 7 - All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.
Side 127 - He novo as part of a general scheme, that it ought to be somewhat lower or somewhat higher in proportion to others. The rate attacked must be so out of proportion as to be unreasonable or must so discriminate as to be undue or must be unlawful for some other special reason.
Side 122 - We are of the opinion that in the fixing of relative rates upon articles strictly competitive, as these are, the proper relation should be determined from the cost of the service, and if the difference in this respect between two competitive articles can be ascertained, such a rate should be fixed for each as corresponds to the cost of service.
Side 60 - The real meaning of the phrase is that, within the limits already described — the superior limit of what any particular traffic can afford to pay and the inferior limit of what the railway can afford to carry it for — railway charges for different categories of traffic are fixed, not according to an estimated cost of service, but roughly on the principle of equality of sacrifice by the payer. So regarded, 'what the traffic will bear...
Side 51 - The value of any service may then be defined as that charge which will in the long run bring in, over and above the special cost of the traffic involved, the greatest clear return possible under the special circumstances of each particular case.
Side 115 - We understand the purport of this request to be that a public service company cannot lawfully charge in any event more than the services are reasonably worth to the public as individuals, even if charges so limited would fail to produce a fair return to the company upon the value of its property or investment.
Side 29 - But according to the interpretation here used, the increased capital installment, when incurred, was clearly caused by a definite increase or increment of traffic, either existing or expected, and so was economically " special " to that increment without which it would not have been incurred.
Side 117 - Mr. Justice Holmes, in San Diego Land & Town Co. v. Jasper, 189 US 439, 442, and on January 18, 1904, by Mr.
Side 123 - ... example, occasions have arisen when the competition of business interests, as urgent in its stress and as imperative in its demands as competition between carriers, has been relied upon by shippers as sufficient to constrain the grouping of rates from different points. A considerable extent of territory containing a large number of mines, quarries, or manufacturing establishments, has frequently been given identical freight rates, upon the ground that otherwise the more distant points would be...

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