Pennsylvania R. Co. v. Public Utilities Comm’n, 298 U.S. 170 (1936)

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Pennsylvania Railroad Co. v. Public Utilities Commission

No. 746

Argued April 7, 8, 1936
Decided April 27, 1936
298 U.S. 170

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF OHIO

Syllabus

1. The carriers to whom the Interstate Commerce Act applies are common carriers exclusively. P. 173.

2. For the purpose of determining the application of the Interstate Commerce Act, transportation begins when the merchandise has been placed in the possession of a common carrier. P. 175.

3. Coal mined in Pennsylvania was carried by the owner’s private facilities to his plant in Ohio, where it was cleaned, broken, and sorted; thence it was shipped by rail to the owner’s customers in Ohio. Held, that the movement by rail was not part of an interstate movement subject to the Interstate Commerce Act, and that the rail rates were subject to Ohio regulation. P. 175.

4. The Court will not examine points not made in the complaint nor included in the assignments of error or the statement of points relied upon for reversal. P. 177.

Affirmed.

Appeal from a decree of the District Court of three judges refusing injunctive relief from an order of a state commission fixing switching charges.