Ex parte Koehler’s Empirical Analysis
31 F. 315 · 1887
Citation profile
1 federal appellate ·
How this case has been cited
Cited by 8 later decisions (1 by the Supreme Court) — most recently February 1911
1 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans Railroad · Union Pac Ry Co v. United States · Union Pacific Railroad v. United States · Sturges v. United States · Ex Parte Koehler
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Tlic judgment oí llie court is authority, then, for this proposition: Two or more corporations, in order to meet competition, may form a through line, and charge through rates for transportation thereon, which may he less than the ■ sum of the local rates of the several roads constituting- the line; and the portion of the through rate received by each corporation may he less than the local rate charged by said corporation for carrying freight over the whole length of its road. The interstate commerce act is intended, among other things, to prevent discrimination between long and short hauls, except where they are made under substantially dissimilar circumstances and conditions. In my judgment, congress, in limiting the prohibition contained in section 1 of the act against, discriminating charges between long and short hauls to cases where such hauls are made ‘under substantially similar circumstances and conditions,’ has recognized the rule laid down in Ex parte Koehler as a proper one. Freight carried to or from a competitive point is always carried under‘substantially dissimilar circumstances and condiUons’froir. that carried to or from noncompetitive points. In the latter case the railway mates its own rates, and there is no good reason why it should be allowed to charge less for a long haul than for a short one. When each haul is made to or from a noncompetitive point, the effect of such discrimination is to build up one place at the expense of the other. Such action is ”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.