United States Supreme Court Cases & Opinions

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.

No. 257

Argued April 20, 1961

Decided May 22, 1961*

366 U.S. 272

Syllabus

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.

Page 366 U. S. 273