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Western & Atlantic R. v. Georgia Pub. Svc. Comm’n, 267 U.S. 493 (1925)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Western & Atlantic R. v. Georgia Pub. Svc. Comm’n, 267 U.S. 493 (1925)
Western & Atlantic Railroad v. Georgia Public Service Commission No. 209 Argued January 20, 1925 Decided April 13, 1925 267 U.S. 493
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF GEORGIA
Syllabus
1. A rule of a state public service commission that railroad switching service to which shippers are entitled by law or by rule of the commission, whether or not granted voluntarily by the railroad, shall not be discontinued without the consent of the commission after notice and hearing is reasonable and within the police power of the state. P. 496.
2. An order of a state commission requiring a railroad to continue to furnish switching service to a shipper on an established industrial siding does not deprive the railroad of property without due process, in violation of the Fourteenth Amendment, merely because the switching, separately considered, may not be profitable to the railroad, or may even involve a loss. P. 496.
3. Under § 402 of the Transportation Act, 1920, the power to order establishment or abandonment of such side tracks, though employed largely for interstate commerce, is not with the Interstate Commerce Commission, but with the states. P. 497.
4. A bill to enjoin a state commission from enforcing an order requiring the plaintiff railroad to maintain service on an industrial switch track will not lie upon the ground that the service creates undue discrimination between interstate shippers in cost of transportation, since this is a question which must be presented to the Interstate Commerce Commission. P. 497.
Affirmed.
Appeal from a decree of the district court refusing a temporary injunction in a suit to restrain the appellee commission from enforcing an order requiring the appellant railroad to maintain service on an industrial side track.
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Chicago: U.S. Supreme Court, "Syllabus," Western & Atlantic R. v. Georgia Pub. Svc. Comm’n, 267 U.S. 493 (1925) in 267 U.S. 493 267 U.S. 494. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HQMHY1V7JX9YG7A.
MLA: U.S. Supreme Court. "Syllabus." Western & Atlantic R. v. Georgia Pub. Svc. Comm’n, 267 U.S. 493 (1925), in 267 U.S. 493, page 267 U.S. 494. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HQMHY1V7JX9YG7A.
Harvard: U.S. Supreme Court, 'Syllabus' in Western & Atlantic R. v. Georgia Pub. Svc. Comm’n, 267 U.S. 493 (1925). cited in 1925, 267 U.S. 493, pp.267 U.S. 494. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HQMHY1V7JX9YG7A.
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