Transportation Law Commons^™

Motor Carrier Taxation, Hal H. Hale

Vanderbilt Law Review

Provisions of the Federal Aid Highway Act of 1956 vastly expanded the federal role in highway improvement on a long range basis, especially with respect to the so-called Interstate System. Authorizations of highway aid were further increased substantially by Congress in legislation enacted in 1958. The 1956 act for the first time also provided that the funds to pay for federal aid highway programs should come from specified levies upon highway users and a highway trust fund was established for this purpose. Owing principally to cost increases exceeding the original estimates, it has become apparent since the 1956 act was …

Regulation Of Motor Carrier Securities, Eugene T. Liipfert, John L. Mechem

Vanderbilt Law Review

The origins of the intercity trucking industry were humble. The development of the motor truck and of an intercity highway system which made its use in the transportation of freight practicable led many enterprising individuals to set themselves up as intercity truckers during the decade between 1925 and 1935. Capital requirements were minimal. The initial investment was frequently no more than the down payment on the motor vehicles employed. In the early stages of development, the typical motor carrier was a sole proprietorship, partnership or family-held corporation which relied for its financing on retained earnings of the business and hand-to-mouth …

Licensing Interstate Vehicles: State Cooperation Or Federal Intervention?, Jess N. Rosenberg

Vanderbilt Law Review

Roads have been an essential part of transportation since man began to travel and to take his goods with him. This fact is sometimes obscured by the intense current preoccupation with motor vehicles which are often regarded as the cause of roads rather than instruments for utilization of roads. In any event, it is true that, with the advent of the motor vehicle, highways have become an increasingly important part of the nation's transportation system. That this tendency and importance will continue and even be accelerated is portended by the creation of the National System of Interstate and Defense Highways' …

Some Aspects Of The Problem Of Intercarrier Competition, Ernest W. Williams Jr.

Vanderbilt Law Review

The past decade has been marked by numerous examinations of the transportation scene, and particularly of government policy toward transportation, which have borne partial fruit in the Transportation Act of 1958. More than anything else, the rapid weakening of the railroad system after World War II and the conviction of railroad managements that the worsening state of their industry was the result of "unfair" govenmental policies led to the almost continuous attention which has been devoted to the subject by agencies of the Congress and of the executive branch alike. And all such studies demonstrate, before they are done, that …

Motor Carrier Regulation--An Adventure In Federalism, Val Sanford

Vanderbilt Law Review

By virtue of the nature of our federal system every attempt to regulate extensive economic activity involves constantly recurring problems as to the proper allocation of governmental power between the state and national governments, and thus problems as to the proper balancing of local or state and national interests. The development of motor carrier regulation in the United States has been controlled by the general concepts of federalism and exemplifies the nature of the basic problems inherent in those concepts. The purpose of this article is to examine the regulation of motor carriers from the standpoint of the allocation of …

Motor Carrier Operating Authorities, Drew L. Carraway

Vanderbilt Law Review

The enactment by Congress of the Motor Carrier Act of 1935 vested in the Interstate Commerce Commission the power, among others, to grant or deny applications for motor carrier operating authority. The exercise of this power embraces the grave responsibility to regulate motor carriers in accordance with the national transportation policy of Congress as enunciated in the Transportation Act of 1940.

Motor carrier operating authority is a valuable intangible property right carrying with it both privileges and obligations. The holder of such authority is given the privilege of performing operations which may be developed into a profitable business but, at …

The Influence Of Proprietary Trucking Upon Minimum Rate Policy In California, William H. Dodge, Richard R. Carll

Vanderbilt Law Review

Our analysis of the California cases has shown that public policy must not only balance the interests of one class of shipper, which can save money by private trucking, against those of another class, which must bear the brunt of higher freight rates. When the low-cost shipper and the high-cost shipper are both the same shipper, the objective of low-cost transportation in the public interest is less well defined. From the shipper's position, of course, it is entirely sensible to achieve the economies of his cream traffic with proprietary trans-port while, at the same time, appearing before public authority to …

Judicial Review Of Orders Of The Interstate Commerce Commission Relating To Motor Carriers, Robert W. Ginnane, James A. Murray

Vanderbilt Law Review

When, in 1935, Congress provided for federal regulation of inter-state motor transportation by the Interstate Commerce Commission,it made applicable to the Commission's regulatory orders with respect to motor carriers the same system of judicial review which it had devised for orders relating to railroads in the Urgent Deficiencies Act of 1913.' This invoked not only the naked statutory review provisions but also, at least by analogy, the mass of judicial decisions applying the 1913 legislation to Commission orders involving railroads. The statutory provisions for review of orders of the Interstate Commerce Commission have been codified into Title 28 of the …

Antitrust Considerations In Motor Carrier Mergers, Carl H. Fulda

Michigan Law Review

Unification of separate independent business enterprises in a single organization may raise important questions of antitrust policy. The entity which emerges may have acquired, as a result of such unification, a market position of such significance that a substantial lessening of competition or even the creation of a monopoly becomes not only possible but probable. This would be apparent whenever opportunities for buyers of the products or services of the new single unit to shop freely, and to make independent decisions as to prices, channels of purchases and selection of suppliers were to be seriously curtailed, or where such curtailment …

Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey

Michigan Law Review

If Lord Tennyson had been a student of the common law, he might well have qualified his poetic foresight of "the heavens fill[ed] with commerce" by some cautious reference to the complaints of landowners below against the "pilots of the purple twilight, dropping down with costly bales." The result doubtless would have been poorer poetry but a far more accurate forecast of the problems to confront mid-20th century lawyers. Although the phenomenal growth of civil aviation since the first World War has opened up a host of difficulties, the only ones of concern in this article are those presenting the …

Torts - Contributory Negligence As A Matter Of Law, A. Overton Durrett

William & Mary Law Review

No abstract provided.

Automobile Accidents And Indiana Conflict Of Laws: Current Dilemmas, Charles D. Kelso

Indiana Law Journal

No abstract provided.

Damages - Automobile Collisions - Penalties For Failure To Settle Small Claims Promptly, Ralph E. Boches

Michigan Law Review

Recent Arkansas legislation provides for double damages, reasonable attorney's fees of not less than fifty dollars, and court costs for failure to pay property damage claims arising from automobile collisions within sixty days after the submission of estimates of damage. Application of the statute is limited to claims under two hundred dollars. Furthermore, if the defendant presents a "meritorious defense," liability under the statute does not attach. Acts of Arkansas (1957), Act 283, Senate Bill 166.

Competition Versus Regulation: The Agricultural Exemption In The Motor Carrier Act, Carl H. Fulda

Vanderbilt Law Review

Transportation of passengers or property by motor carriers engaged in interstate or foreign commerce has been subject to federal regulation by the Interstate Commerce Commission since 1935. At that time motor carriers in intrastate commerce were regulated in all the states of the Union by state commissions which controlled entry into the industry, rates, and safety of operations, but there was no comparable federal regulation. The Federal Motor Carrier Act of 1935, now part II of the Interstate Commerce Act,' was intended to fill this gap by creating a federal regulatory scheme similar to that provided by the states. In …

Effect Of Intervening Cause On Duty Owed Passenger By Carrier - Jones V. Baltimore Transit Co., J. M. Roulhac

Maryland Law Review

No abstract provided.

Negligence Per Se And The Virginia Motor Vehicle Code, William T. Muse

University of Richmond Law Review

Wigmore, writing in 1911, said: "The general question... whether an injury caused by the defendant while violating a [criminal] statute is actionable per se is a troublesome one, open to much argument, and not yet settled by any generally accepted principle."

Manslaughter By Automobile - Johnson V. State, John C. Eldridge

Maryland Law Review

No abstract provided.

Elimination Of Railroad Grade Crossings, John M. Heffelfinger

Cleveland State Law Review

Why do federal, state and local agencies fail to bend every effort towards the elimination of all important grade crossings at railroads? With present day traffic, both on the railroads and on the highway, and the fine roads coupled with the motorist's desire to save time, every crossing is an important factor in our daily lives and the safety of our people. One of the main obstacles to progress is probably the fact that the entire law concerning grade crossing separations is in a state of chaos. The purpose of all this critical comment is to lay the groundwork for …

Limited-Access Highways And Public Utility User, Robert P. Garbarino

Villanova Law Review

No abstract provided.

Comments, Various Editors

Villanova Law Review

No abstract provided.