 | 1916 - 1116 σελίδες
...which a railroad is in fact used, does not determine the fact whether it is or is cot a common carrier. It is the right of the public to use the road's facilities...the real criterion determinative of its character." The inquiry here is not whether the plaintiff company is exceeding its powers or failing to perform... | |
 | United States. Supreme Court - 1914 - 914 σελίδες
...which a railroad is in fact used, does not determine the fact whether it is or is not a common carrier. It is the right of the public to use the road's facilities...the real criterion determinative of its character. This principle has been frequently recognized in the decisions of the courts. We need not cite the... | |
 | Henry Clifford Spurr, Ellsworth Nichols - 1915 - 1352 σελίδες
...US 1, 58 L. ed. 1185, 34 Sup. Ct. Rep. 741, regarding the characteristics of a common carrier, said: "It is the right of the public to use the road's facilities...the real criterion determinative of its character." These definitions taken from various sources must be applied to the facts of this case in a practical... | |
 | Felix Frankfurter - 1915 - 736 σελίδες
...which a railroad is in fact used, does not determine the fact whether it is or is not a common carrier. It is the right of the public to use the road's facilities...the real criterion determinative of its character. This principle has been frequently recognized in the decisions of the courts. We need not cite the... | |
 | 1915 - 734 σελίδες
...which a railroad is in fact used does not determine the fact whether it is or is not a common carrier. It is the right of the public to use the road's facilities...the real criterion determinative of its character. This principle has been frequently recognized in the decision of the courts. We need not cite the many... | |
 | Public Service Commission of Maryland - 1916 - 588 σελίδες
...Court, in what is known as the tap line cases, regarding the characteristics of a common carrier, said: "It is the right of the public to use the road's facilities...the real criterion determinative of its character." These definitions, taken from various sources, must be applied to the facts of this case in a practical... | |
 | William Mack, William Benjamin Hale - 1917 - 1284 σελίδες
...the fact whether it is or is not a common carrier.88 It is the right of the public to use . the road facilities and to demand service of it rather than...business which is the real criterion determinative of its character.87 A railroad is none the less a common carrier because of the fact that most of its traffic... | |
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It is the right of the public to use the road's facilities and to demand service of it rather than the extent of its business which is the real criterion determinative of its character. 
