Canadian Railway Cases Volume 4

Canadian Railway Cases Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: the same railway station and providing at their own expense for their cartage, whether for a greater or less distance, however short that distance might be, as well as against other localities. In Stone v. Detroit, G. H. & M. R. Co., 3 I.C. Rep. 613, where a railway company had a tariff schedule grouping eastern points at Ionia and Grand Rapids in Michigan, Ionia being the shorter distance, and furnished free cartage at Grand Rapids and not at Ionia, it was held by the Interstate Commerce Commission of the U.S. that the free cartage at Grand Rapids was in effect a rebate and unlawful. Cooley, chairman, said: "The effect of the respondent doing the cartage at its own cost of two cents per hundred pounds is precisely the same that it would be if all its rates to Grand Rapids were made two cents a hundred pounds less and the consignees were left to pay the cost of cartage. But if that were done the Ionia rates would clearly be illegal, because they would be two cents a hundred pounds more than the Grand Rapids rates.--So if the rates to the two towns were made the same, but the Grand Rapids consignees were allowed a rebate of two cents a hundred because of their greater distance from the railroad warehouse, the illegality would seem to be equally obvious." Morrison and Shoonmaker, commissioners, said: ' Nominally receiving a full rate with one hand and paying part of it back with the other, either in money or its equivalent in service, is plainly, whether so intended or not, a device that works an evasion of the law and continues a practice that is now unlawful... It results in the carrier getting less than the tariff rate for its service and is therefore unlawful." In Bezel Milling Co. v. St. Louis A. & T.H. R.W....
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Product details

  • Paperback | 180 pages
  • 189 x 246 x 10mm | 331g
  • United States
  • English
  • black & white illustrations
  • 1236989457
  • 9781236989451