Akron & Barberton Belt R. R. v. Public Utilities Commission

Ohio Supreme Court
Akron & Barberton Belt R. R. v. Public Utilities Commission, 1 Ohio Law. Abs. 10 (Ohio 1922)
Hough, Johnson, Jopes, Marshall, Matthias, Robinson, Wanamaker

Akron & Barberton Belt R. R. v. Public Utilities Commission

Opinion of the Court

MARSHALL, C. J.:

1. The jurisdiction of the intex'state commerce com-mision over freight rates for transportation service between points wholly within a state to prevent discrimination against interstate commerce, does not interfere with the jurisdiction of a state commission over intrastate rates so long as its orders do not x*esult in such discrimination.

2. The order made by the interstate commerce commission on July 29, 1920, in a proceeding' known as Ex Parte 74 granting a 40% horizontal increase in freight rates, was not such a definite specific order in its application to service wholly within the state of Ohio as to preclude an inquiry concerning* intrastate rates by the public utilities commission of Ohio under the changed conditions existing in September, 1921.

Orders affirmed.

Johnson, Hough, Wanamaker, Robinson, Jopes and Matthias, JJ., concur.

Reference

Full Case Name
The Akron & Barberton Belt R. R. Co. v. The Public Utilities Commission of Ohio The Cincinnati & Northern R. R. Co. v. The Public Utilities Commission of Ohio
Status
Published