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Capitol Greyhound Lines Vs. Brice
Cites for this judgment
- US Supreme Court
- May 15, 1950
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U.S. 542 (1950) U.S. Supreme Court Capitol Greyhound Lines v. BriceSearch
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U.S. 542 (1950) Capitol Greyhound Lines v. BriceSearch
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The difficulty in gearing taxes to these factors was recognized by this Court as early as Kane v. NewSearch
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U. S. 407 , 298 U. S. 412 . See also Aero Mayflower Transit Co. v. Comm'rsSearch
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result may be a tax which, on its face, appears to bear with unequal weight upon different carriers. Aero Transit Co. v. GeorgiaSearch
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the taxes as applied, and, upon proper proof, obtain a judicial declaration of their invalidity as applied. Ingels v. MorfSearch
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U. S. 290 . Cf. Clark v. PaulSearch
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to the road privileges granted. The burden of proof in this respect is on a carrier who challenges a state law. Clark v. PaulSearch
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there is a complete and utter lack of proof sufficient to invalidate the state law on this ground. See Dixie Ohio Co. v. CommissionSearch
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Sprout v. CitySearch
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roads by occasional travelers is as broad as where road use by carriers is involved. See Aero Mayflower Transit Co. v. Comm'rsSearch
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U. S. 495 , 332 U. S. 503 . See also the opinions in Edwards v. CaliforniaSearch
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of the complexities springing from state attempts to weigh numerous factors was the Indiana tax upheld in Eavey Co. v. DepartmentSearch
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b). See Brashear Freight Lines v. PublicSearch
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Maurer v. HamiltonSearch
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use of highways constructed and maintained by Maryland or for the cost of traffic regulation. Interstate Transit, Inc. v. LindseySearch
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Dixie Ohio Express Co. v. StateSearch
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motor traffic to such State power is only a particular application of a general principle. Clyde Mallory Lines v. AlabamaSearch
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compensation for the road use which the State affords and for which it may exact a return. Interstate Transit, Inc. v. LindseySearch
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is given by the State. Taxes based on miles or ton-miles have encountered no difficulty here. Interstate Busses Corp. v. BlodgettSearch
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fairly be attributed to the privilege of road use, as distinguished from actual use. Compare Interstate Transit, Inc. v. LindseySearch
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U. S. 183 (no allocation of proceeds) with Clark v. PoorSearch
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p. 339 U. S. 561 . Thus, mileage may be ignored, and an annual tax may be based on horsepower, Hendrick v. MarylandSearch
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U. S. 610 , and Kane v. NewSearch
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on carrying capacity, Clark v. PoorSearch
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U. S. 554 , and Hicklin v. ConeySearch
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U. S. 169 , and on manufacturer's rated capacity, Dixie Ohio Express Co. v. StateSearch
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And the Court has upheld flat fees imposed without regard to size or weight factors. Aero Mayflower Transit Co. v. GeorgiaSearch
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Clark v. PaulSearch
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Aero Mayflower Transit Co. v. BoardSearch
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of amount. Such a view collides with the guiding limitation upon State power announced in Interstate Transit, Inc. v. LindseySearch
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to deny to States the right to make interstate commerce pay its way. Likewise, today's opinion disregards McCarroll v. DixieSearch
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Aero Mayflower Transit Co. v. GeorgiaSearch
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tax. Our decisions reflect that reason. A State naturally may deem factors of size or weight to be relevant. Hicklin v. ConeySearch
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to size, weight and other relevant factors such respect as is fairly within the restraints of decency. Cf. Clark v. PaulSearch
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flat taxes, the Court carefully pointed out that the classification was reasonable on the facts before it. Morf v. BingamanSearch
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wide choice must be allowed to the States of possible taxes on motor vehicles traveling in interstate commerce. Clark v. PaulSearch
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intimation is afforded regarding the standards by which excessiveness is to be determined. Reference is made to Ingels v. MorfSearch
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the danger of an unfair burden falling upon interstate commerce remains correspondingly small. Cf. Union Brokerage Co. v. JensenSearch
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gross receipts taxes on interstate transportation beyond a State's power to impose. Cf. Central Greyhound Lines, Inc. v. MealeySearch
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U. S. 653 . These practical considerations prevailed against a State in Sprout v. SouthSearch
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