CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


MISSISSIPPI R. COMMISSION V. MOBILE & OHIO R. CO., 244 U. S. 388 (1917)

Subscribe to Cases that cite 244 U. S. 388 RSS feed for this section

U.S. Supreme Court

Mississippi R. Commission v. Mobile & Ohio R. Co., 244 U.S. 388 (1917)

Mississippi Railroad Commission v. Mobile & Ohio Railroad Company

No. 256

Submitted May 1, 1917

Decided June 4, 1917

244 U.S. 388

Syllabus

While the power of the states over the railways within their borders is very great and comprehensive, the property of the railways is nevertheless protected by the fundamental guaranties of the Constitution, is entitled to as full protection as any other private property devoted to a public use, and cannot be taken from its owners without just compensation or without due process of law. chanroblesvirtualawlibrary

Page 244 U. S. 389

An attempt upon the part of a state commission to exercise the power of regulation in such an arbitrary and unreasonable manner as to prevent a railroad company from obtaining a fair return upon its property invested in the public service is repugnant to due process of law and void under the Fourteenth Amendment

Upon the facts of this case, held that an order of the Mississippi Railroad Commission requiring the appellee company to restore certain passenger trains to service on its line within that state was arbitrary, unreasonable, in excess of the lawful power of the commission, and void under the due process clause of the Fourteenth Amendment.

The reasonableness of requiring a carrier to operate specified trains cannot be made to depend upon the relation of the money return to the "out-of-pocket" cost -- i.e., immediate outlay for wages and fuel -- involved in their operation. Northern Pacific Ry. Co. v. North Dakota, 236 U. S. 585.

The action of the Railroad Commission in this case, though expressed in a separate order as to each train directed to be restored, was based upon one citation and was intended by the commission, and treated by the court below, as in effect but one order for the restoration of all the trains; this Court therefore treats it as a unity, without determining whether some improvement of the train service might not properly have been required.

Affirmed.

The case is stated in the opinion.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED