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St. Louis and O'Fallon Ry. Co.
Cites for this judgment
- US Supreme Court
- May 20, 1929
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for payment of money, and the proceeding below was to set aside, not to enforce it. Wisconsin Railroad Commission v. ChicagoSearch
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Quincy R. Co., 257 U. S. 563 , and Dayton-Goose Page 279 U. S. 483 Creek Railway Co. v. UnitedSearch
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and the carrier has clear right to demand compliance therewith. United States ex rel. Kansas City Southern Railway Co. v. InterstateSearch
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have been pointed out many times by this Court. Smyth v. AmesSearch
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Willcox v. ConsolidatedSearch
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Southwestern Bell Telephone Co. v. PublicSearch
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Bluefield Water Works & Improvement Co. v. PublicSearch
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McCardle v. IndianapolisSearch
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U. S. 400 . Among them is the present cost of construction of reproduction. Thirty years ago, Smyth v. AmesSearch
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In Southwestern Bell Telephone Co. v. PublicSearch
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and before entry of the order challenged, it was held in Southwestern Bell Telephone Co. v. PublicSearch
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upon the value ascertained in accordance with the rule declared in the Southwestern Bell case and McCardle v. IndianapolisSearch
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does not deprive the carrier of any property. It merely regulates the use thereof. Compare Kansas City Southern R. Co. v. UnitedSearch
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as physical stability. Both are essential to the safety and the service of the public. In Dayton-Goose Creek R. Co. v. UnitedSearch
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to deal with an intricate subject. Illinois Central R. Co. v. InterstateSearch
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Standard Oil Co. v. SouthernSearch
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pursued by this Court in applying other provisions of the Interstate Commerce Act, Texas & Pacific Ry. Co. v. InterstateSearch
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Dayton-Goose Creek Ry. Co. v. UnitedSearch
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p. 30), and that, as was said in Dayton-Goose Creek Ry. Co. v. UnitedSearch
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owner recovers what he has lost by the Page 279 U. S. 504 taking of the property, Boston Chamber of Commerce v. BostonSearch
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Mississippi & R. Boom Co. v. PattersonSearch
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U. S. 403 , 98 U. S. 408 . Compare Louisville & Nashville R. Co. v. BarberSearch
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may be less than its condemnation value. As was said in Southern Ry. Co. v. KentuckySearch
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less depreciation, or some other figure -- is not the sole measure of or guide to its value in operation. Smyth v. AmesSearch
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to lower actual values of railroad properties. It follows that, since the Commission is required by the rule of Smyth v. AmesSearch
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that the value be ascertained for ratemaking purposes, Congress imposed upon the rate base as defined in Smyth v. AmesSearch
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Compare 186 U. S. Louis Page 279 U. S. 520 R. Co. v. MinnesotaSearch
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U. S. 523 property, that part of the line must be given merely scrap value. Compare Kansas City Southern Ry. Co. v. UnitedSearch
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or to lack of good judgment, or to somnolence on the part of the management. As was said in Board of Commissioners v. NewSearch
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Only the then service value of the property is of legal significance under the rule of Smyth v. AmesSearch
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evidence of its actual value, as the current cost of reproducing the vessel was held to be in Standard Oil Co. v. SouthernSearch
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S. 276, 262 U. S. 288 ). The action of the Commission in the case at bar was consistent also with McCardle v. IndianapolisSearch
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Water Co., 272 U. S. 400 , and Bluefield Water Works Co. v. PublicSearch
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of the evidence may be considered free from any question of confiscation, the rule declared in Ohio Valley Water Co. v. BenSearch
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the flexible and rational rule of Smyth v. AmesSearch
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by the Commission in reaching its conclusion closely resembles that approved by the Court in Georgia Ry. & Power Co. v. RailroadSearch
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Georgia Ry. & Power Co. v. RailroadSearch
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crosses the O'Fallon. This coal it carries from the junction to East St. Louis. See St. Louis & O'Fallon Ry. Co. v. EastSearch
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in Illinois. These, which are all located on other railroads, enjoy low rates to St. Louis. See Perry Coal Co. v. AltonSearch
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value by the exercise of its judgment upon all the evidence, including enhanced construction costs. Virginian Ry. Co. v. UnitedSearch
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that we are dealing, as was pointed out in Smyth v. AmesSearch
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See Interstate Commerce Commission v. UnionSearch
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Interstate Commerce Commission v. LouisvilleSearch
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Florida East Coast R. Co. v. UnitedSearch
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See Interstate Commerce Commission v. LouisvilleSearch
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See Texas & P. R. Co. v. InterstateSearch
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Interstate Commerce Commission v. AlabamaSearch
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Interstate Commerce Commission v. NorthernSearch
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