Practitioners' Journal, Volume 37, Issue 3Association of Interstate Commerce Commission Practitioners., 1970 - Carriers |
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Common terms and phrases
Akron applicant applicant's Atlantic Coast Line Baltimore & Ohio burden certificate charges Chicago & N.W. Class Rate Coast Line R.R. commercial zone Commission's common carrier competitive Congress consideration constant costs Cont convenience and necessity decision Divisions of Freight divisions of joint Divisions of Rates effect England Divisions equipment established existing carriers fair divisions Federal filed freight forwarder Freight Rates grant of authority haul Interstate Commerce Act Interstate Commerce Commission Interstate Distributor Co involved joint rates Maybrook mileage motor carrier Nashville R.R. Official-Southern Divisions Official-Western Trunk Line Ohio R.R. out-of-pocket costs passenger Penn Central points proceeding prorating factors protestant protestant's public interest rail railroad ratemaking reasonable regulation restriction revenue routes rule scales of prorating Section 15 shipments Southwestern-Official Divisions Supp supporting shipper supra note 11 Supreme Court tariff terminal territories tion traffic transportation services Truck Trunk Line Divisions United
Popular passages
Page 370 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited...
Page 370 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Page 406 - ... where the joint rate, fare, or charge was established pursuant to a finding or order of the Commission and the divisions thereof are found by it to have been unjust, unreasonable, or inequitable, or unduly preferential or prejudicial, the Commission may also by order determine what (for the period subsequent to the filing of the complaint or petition or the making of the order of investigation) would have been the just, reasonable, and equitable divisions thereof to be received by the several...
Page 386 - Whenever the carrier or carriers, in obedience to such order of the Commission or otherwise, in respect to joint rates, fares, or charges, shall fail to agree among themselves upon the apportionment or division thereof, the Commission may after hearing make a supplemental order prescribing the just and reasonable proportion of such joint rate to be received by each carrier party thereto which order shall take effect as a part of the original order.
Page 421 - That whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order, or requirement in the premises; and in case damages are awarded such report shall include the findings of fact on which the award is made.
Page 370 - No carrier, unless otherwise provided by this Act, shall engage or participate in the transportation of passengers or property, as defined in this Act, unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this Act...
Page 377 - No contract of the carrier could reduce the amount legally payable; or release from liability a shipper who had assumed an obligation to pay the charges. Nor could any act or omission of the carrier (except the running of the statute of limitations) estop or preclude it from enforcing payment of the full amount by a person liable therefor.
Page 370 - ... refund or remit in any manner or by any device any portion of the rates, fares or charges so specified...
Page 420 - Except as otherwise provided by Act of Congress, the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States, or by any agency or officer thereof expressly authorized to sue by Act of Congress.
Page 387 - In so prescribing and determining the divisions of joint rates, fares and charges, the Commission shall give due consideration, among other things, to the efficiency with which the carriers concerned are operated, the amount of revenue required to pay their respective operating expenses, taxes, and a fair return on their railway property held for and used in the service of transportation...