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- Highways (3)
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- Texas (2)
- Appalachian Electric Power Co. v. Smith et al. (1)
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- Continental Baking Company v. Woodring (1)
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- Galveston Wharf Co. v. Galveston (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
State Taxation Of Interstate Motor Carriers, Paul G. Kauper
State Taxation Of Interstate Motor Carriers, Paul G. Kauper
Michigan Law Review
Though the Supreme Court has never had occasion to express its views as to the gasoline tax in its relation to interstate motor carriers (see first instalment of this article), it has been confronted with a series of cases involving automobile registration taxes. Every State today imposes such taxes. A brief discussion of the theory and nature of such taxes will aid in understanding their legal consequences.
Constitutional Law-Strike As Interference With Interstate Commerce
Constitutional Law-Strike As Interference With Interstate Commerce
Michigan Law Review
Whether the federal courts have jurisdiction to apply the mailed fist of the injunction to the settlement of strike disputes sometimes depends on whether the strike is deemed an interference with interstate commerce. Thus, the Supreme Court held in the recent case of Levering & Garrigues v. Morrin that relief must be denied a group of New York structural steel fabricators who sought to enjoin the boycott activities of the iron workers union, because " . . . the sole aim of the conspiracy was to halt or suppress local building operations as a means of compelling the employment of …
Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper
Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper
Michigan Law Review
The plaintiff was engaged in business as a common carrier of goods by motor vehicle. He transported goods between the docks of Los Angeles harbor and points in and around Los Angeles, but all the goods which he carried were originally shipped in from or were consigned to destinations outside the State. His operations, however, were independent of the operations of connecting carriers. The California Railroad Commission ordered the plaintiff to cease operations until he secured a certificate of public convenience and necessity. Held, on review, that the plaintiff was engaged in interstate commerce, and that the Commission's order …
Constitutional Law - Interstate Commerce - State Regulation Of Motor Carriers - Highway Conservation, Paul G. Kauper
Constitutional Law - Interstate Commerce - State Regulation Of Motor Carriers - Highway Conservation, Paul G. Kauper
Michigan Law Review
In conformity with the Texas statute regulating contract carriers, the plaintiffs applied for permits to operate as contract carriers in interstate commerce. The Texas Railroad Commission denied the application on the grounds that the proposed use of the highways would unreasonably interfere with their use by the general public and would constitute an undue burden on said highways. Held, by a three-judge court, that the Commission was acting within its authority in refusing the application on these grounds, that such refusal was valid as to interstate motor carriers, and that evidence supported the Commission's findings, consequently the bill to …
Carriers - Damages From Preferential Rates
Carriers - Damages From Preferential Rates
Michigan Law Review
The Interstate Commerce Commission held that defendant railroad was discriminating against complainants in forcing them to pay the blanket rate for lumber dealers plus a short-line charge, and made an order to "cease and desist," but further held that the record would not support an award of damages, The Supreme Court of the District of Columbia refused a mandamus to compel the Commission .to award damages, but on appeal the Court of Appeals held that the writ should issue. On certiorari from the United States Supreme Court, held, judgment of Court of Appeals reversed and petition for mandamus denied …
Constitutional Law -Interstate Commerce -Navigable Waters -Validity Of Federal Water Power Act
Constitutional Law -Interstate Commerce -Navigable Waters -Validity Of Federal Water Power Act
Michigan Law Review
The Federal Power Commission found that the plaintiff's proposed hydroelectric development on the non-navigable New river in Virginia would affect interstate commerce on the navigable Kanawha river to which the New river was tributary. The Commission thereupon tendered the plaintiff a standard or major form license for the project. Such a license, had it been accepted by the plaintiff, would have subjected it to all the provisions of the Federal Water Power Act of 1920, including those concerning the regulation of rates, issuance of securities, expropriation of excess profits, amortization reserves, and recapture at the end of fifty years on …
Carriers -Terminal And Carfloat Bridge - Whether "Terminal" Facilities Or "Interchange" Facilities
Carriers -Terminal And Carfloat Bridge - Whether "Terminal" Facilities Or "Interchange" Facilities
Michigan Law Review
The New York Central R. R. brought a suit in admiralty to recover damages to its carfloat No. 37 resulting from a collision occasioned solely by the negligence of the Long Island R. R.'s tug Talisman and those in charge of her. At the time of the collision the carfloat No. 37 was moored in a carfloat bridge of the Long Island's terminal at Long Island City where it had been received in connection with the transportation in interstate commerce of freight cars and freight. The New York Central had received a notice that the Long Island would not be …
Railroads - Power Of Interstate Commerce Commission To Order Extensions
Railroads - Power Of Interstate Commerce Commission To Order Extensions
Michigan Law Review
After due hearing upon a complaint filed by the Public Service Commission of Oregon asserting a failure to provide adequate transportation facilities to a large and unexploited area within that State, the Interstate Commerce Commission found that public necessity and convenience required the construction of a connecting line 185 miles in length. The Commission also found that the proposed extension, adding 1.2 per cent to the existing mileage of the Union Pacific system and costing approximately $10,000,000, would not seriously affect the ability of that organization adequately to serve the public; and that though the venture might not be profitable …
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
Michigan Law Review
After the decision in Buck v. Kuykendall, the question naturally arose whether a State could require an interstate carrier to obtain a certificate of public convenience and necessity in order to engage in intrastate business. The question is important because it is possible that interstate business cannot be conducted profitably on a given route without the benefit of supplemental earnings derived from intrastate business. No doubt was entertained by state commissions after the Buck case that they could still exercise plenary control over the intrastate operations of interstate carriers, and deny them permission to engage in intrastate business if …
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
Michigan Law Review
According to Article 1, section 8, of the Constitution, "The Congress shall have power . . . to regulate commerce . . . among the several States . . . . " Is this provision of the Constitution applicable to interstate motor transportation over a public highway, built, owned, and maintained by a State? The provincial view might have been put forward that because the State owns the highways, therefore it should have exclusive control with respect to the commerce passing over them. Whatever force might have been conceded such a view in the early history of our country, when …
Conditional Sales - Repossession - Use Of Force
Conditional Sales - Repossession - Use Of Force
Michigan Law Review
A conditional seller, in order to repossess an automobile from a defaulting buyer unwilling to relinquish possession, forcibly expelled her from the car, assisted by local police acting merely at the vendor's request. In the scuffle she was knocked down. Her resulting rage moved the police to imprison her temporarily. In her subsequent action for damages the trial court instructed that if no more than reasonable force had been used the jury should find for the defendants. Held, the right of recapture does not include the right to use such force as was reasonably necessary. Roberts et ux. v. …
Federal Trade Commission - False And Misleading Advertising
Federal Trade Commission - False And Misleading Advertising
Michigan Law Review
The law provided neither practical remedies nor suitable means of preventing false and misleading advertising before the passage of the Federal Trade Commission Act in 1914. The doctrine of caveat emptor had long prevented the effectual protection of misled customers and of competitors consequently injured. True, competitors could enjoin or recover damages-for injury by misleading advertising which took the form of common law "unfair competition." The courts had found no great difficulty in extending established common law principles to make unlawful such obvious violations of the proprietary rights of particular competitors as "simulation" and "disparagement." Although there is little question …
Sales-Breach Of Implied Warranty-Liability For Death
Sales-Breach Of Implied Warranty-Liability For Death
Michigan Law Review
The daughter of plaintiff's decedent purchased; from defendant retailer, a can of corned beef packed by a foreign concern for defendant packer. The latter's name and trademark appeared upon the can. Decedent, while eating some of the meat, swallowed a small piece of tin which apparently became detached from the can itself and became imbedded in the contents. Death followed the injury to decedent's esophagus, and an action was brought by the administrator against the retailer for breach of implied warranty, and against the packer for negligence. The trial court permitted a recovery against the retailer for damages accruing up …
Carriers - State Regulation Of Interstate Motor Carriers
Carriers - State Regulation Of Interstate Motor Carriers
Michigan Law Review
Chapter 236, Laws of Kansas, 1931, requires private motor carriers for hire in interstate commerce to secure a license from the public service commission, to secure a liability insurance policy, to keep daily records as prescribed by the commission, to pay a tax of five-tenths of a mill per gross ton for highway maintenance, and to be subjected to the supervision of the commission. Various regulations for making the highways safer are included. Plaintiff operated as a private motor carrier for hire in interstate commerce and sued to enjoin the enforcement of the act which it claimed was unconstitutional, for …
Carriers - Misdelivery
Michigan Law Review
An impostor represented himself to P, a dealer in live stock, as Will Buntrock, a substantial South Dakota farmer. P, after being satisfied as to the identity of the person with whom he was dealing face to face, took from him a property statement which proved to be correct according to the South Dakota records. A contract for the sale of certain cattle was made between P and the impostor. The impostor gave P a promissory note for the contract price plus the freight charges, and a chattel mortgage on the stock purchased. P delivered the cattle to …
Carriers - Liability Of Interstate Connecting Carriers Governed By Filed Tariff Or Through Bill Of Lading
Michigan Law Review
Goods were shipped from Maine to El Paso, Texas, on a through bill of lading which provided that the carrier in possession of the property described "shall be liable as at common law for any loss thereof or damage thereto." The goods were destroyed by fire, without negligence, while in the possession of the Galveston Wharf Company. This company owned, in addition to certain piers, railroad trackage from these piers to connections with the delivering carrier and other railroads running out of Galveston. Its filed tariff provided that it should be liable only for negligence. Held, the Wharf Company's …
Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier
Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier
Michigan Law Review
Much of the doubt and uncertainty concerning the power of the States to regulate the contract motor carrier has been dispelled by the recent decision of the Supreme Court of the United States in the case of Stephenson et al. v. Binford et al. A Texas statute specifically defined the two categories of common and contract carriers for hire and undertook to regulate the business of each through the agency of the State Railroad Commission; the statute required contract carriers to secure "permits" which were to be granted by the commission only after a hearing and not if the …