H. K. Porter Co., Inc. v. Central Vermont Ry.Annotate this Case
366 U.S. 272 (1961)
U.S. Supreme Court
H. K. Porter Co., Inc. v. Central Vermont Ry., 366 U.S. 272 (1961)
H. K. Porter Co., Inc. v. Central Vermont Railway, Inc.
Argued April 20, 1961
Decided May 22, 1961*
366 U.S. 272
Asbestos is carried by Canadian railroads from Southern Quebec to points just over the border in Vermont, whence it is carried by American railroads to other points in the United States. Canadian and American railroads have joint through rates on such shipments to consignees in the Northeastern States which are substantially lower than the combination of separate or local rates that are available to consignees in the Southern States. The Interstate Commerce Commission found that the higher combination rates to the Southern States were "unjust and unreasonable" in violation of § 1(5) of the Interstate Commerce Act, and "unduly prejudicial" to southern consignees and "unduly preferential" to northern consignees in violation of § 3(1), and it issued a cease and desist order pertaining to the "transportation within the United States."
Held: the Commission did not exceed its jurisdiction, and the District Court should have considered the order on its merits. Pp. 366 U. S. 273-275.
182 F. Supp. 516, reversed.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.