U.S. Circuit Court for the District of Northern New York, 1894

Interstate Commerce Commission v. Delaware, L. & W. R.

Interstate Commerce Commission v. Delaware, L. & W. R.
U.S. Circuit Court for the District of Northern New York · Decided December 3, 1894 · Wallace
64 F. 723
Interstate Commerce Commission v. Delaware, L. & W. R.

Opinion of the Court

WALLACE, Circuit Judge.

The order of the interstate commerce commission which the court is now asked to enforce prohibits the railway carriers, the parties respondent, from charging any greater compensation for the transportation of window shades of any description — whether the cheap article, worth $8 per dozen, or the hand-decorated article,, worth #10 per pair — than the third-class rate, the rate charged for the transportation of the materials used in making window shades. Such an order, in my judgment, ignores the element of the value of the service in fixing the reasonable compensation of the carrier, and denies him any remuneration for additional risk. I cannot regard it as justifiable upon principle, and must refuse to enforce it. The petition is dismissed.

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