Practitioners' Journal, Volume 22, Issue 9

Front Cover
Association of Interstate Commerce Commission Practitioners., 1955 - Carriers
 

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Page 998 - Such a suit cannot be instituted by an individual unless he "possesses something more than a common concern for obedience to law." The general or common interest finds protection in the permission to sue granted to public authorities. An individual may have some special and peculiar interest which may be directly and materially affected by alleged unlawful action. See Detroit & M. Ry. Co. v. Boyne City, G. & AR Co., 286 F. 540. If such circumstances are shown he may sue; he is then "party in interest"...
Page 941 - I, for one, protest, as my Lord has done, against arguing too strongly upon public policy ; — it is a very unruly horse, and when once you get astride it you never know where it will carry you. It may lead you from the soUnd law. It is never argued at all but when other points fail.
Page 881 - Commission may establish, except that no evidence other than newly discovered evidence, evidence which has become available only since the original taking of evidence, or evidence which the Commission believes should have been taken in the original proceeding shall be taken on any rehearing.
Page 974 - Practice provide for the receipt in evidence of abstracts of original shipping documents or other records describing shipments transported in the past, such abstracts must be supported or authenticated by the production of the original records, if available, and opposing parties afforded an opportunity to examine such records. In Witkind Contract Carrier Application, 32 MCC 60...
Page 927 - We are satisfied on the record before us that the physical or legal carrying capacities of respondents' vehicles should not be accorded controlling weight. The fact that rates of a motor carrier are subject to a minimum weight in excess of the physical or legal carrying capacity of its vehicles does not, in and of itself, establish that such rates are unlawful. Other factors must be accorded consideration. See Liquors from Lawrencebwrg, Ind., to the South, 62 MCC 408.
Page 858 - to promote the proper administration of the Interstate Commerce Act and related Acts, to uphold the honor of practice before the Interstate Commerce Commission; to cooperate in fostering increased educational opportunities and maintaining high standards of professional conduct, and to encourage cordial communication among the practitioners.
Page 982 - No regulation is proposed for private carriers except that an amendment adopted in committee authorizes the Commission to regulate the 'qualifications and maximum hours of service of employees and safety of operation and equipment...
Page 995 - In numerous cases involving requests for authority to operate over alternate routes, we have held that public convenience and necessity may be found in operating economies and those things which contribute to expedition...
Page 873 - The judicial function is exhausted when there is found to be a rational basis for the conclusions approved by the administrative body. In this instance the care and patience with which the Commission fulfilled its apppointed task are plain, even to the casual reader, upon the face of its report.
Page 979 - The Commission shall not deny authority to engage in the whole or any part of the proposed service covered by any application made under this section solely on the ground that such service will be in competition with the service subject to this part performed by any other freight forwarder or freight forwarders.

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