discrimination by common carrier
- discrimination by common carrier
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Any act, device, or arrangement by a common carrier which operates to give to one or more patrons rates, services, or privileges not accorded to all under similar conditions or circumstances, or, vice versa, which operates to render unavailable to some patrons rates, services, or privileges which are available to others similarly situated. 13 Am J2d Car § 197.
As applied to freight rates, the term implies a charge to shippers of freight, as compensation for railroad transportation, of unequal sums of money for the same quantity of freight, for equal distances, more for a shorter than a longer distance, more in proportion of distance for a shorter than a longer distance; more for "local freights," than for "through freights;" more for the former, in proportion of the distance such freights may be carried, than the latter, the railroads being prompted to make such charges by unreasonable competition between two or more of them at competing points. Freight Discrimination Cases, 95 NC 434, 446.
To constitute an "unjust discrimination" in passenger rates, the carrier must charge or receive directly from one person a greater or lesser compensation than from another, or must accomplish the same thing indirectly by means of a special rate, rebate or other device; but, in either case, it must be for a like and contemporaneous service in the transportation of alike kind of traffic, under substantially similar circumstances and conditions. Interstate Commerce Com. v Baltimore & Ohio Railroad Co. 145 US 263, 281, 36 L Ed 699, 705, 12 S Ct 844.
Ballentine's law dictionary.
Anderson, W.S..
1998.
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