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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 956   View pdf image (33K)
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956 ARTICLE 23

false report of weight, or by any other device or means. No person, cor-
poration, or any officer, agent or employee of a corporation who shall deliver
freight or property for transportation within the State to a common carrier
shall seek to obtain, or obtain transportation for such property at less than
the rates then established and in force therefor, as aforesaid, by false
billing, false or incorrect classification, false weight or weighing, false
representation of the contents of a package or false report or statement of
weight, or by any other device or means, whether with or without the con-
sent or connivance of the common carrier or any of its officers, agents or
employees.

An. Code, 1924, sec. 368. 1912, sec. 430. 1910, ch. 180, sec. 18 (p. 360).

376. Every common carrier is required to afford all reasonable, proper
and equal facilities for the interchange of passengers, freight and property
traffic between the lines owned, operated, controlled or leased by it and the
lines of every other common carrier, and for the prompt transfer of pas-
sengers and for the prompt receipt and forwarding of freight and property
to and from its said lines; and no common carrier shall in any manner dis-
criminate in respect to rates, fares or charges, or in any respect, to any
service, or in respect to any charges or facilities for any such transfer
in receiving or forwarding between any two or more other common car-
riers or between passengers, freight or property destined to points upon
the lines of any two or more other common carriers, or in any respect with
reference to passengers, freight or property transferred or received from
any two or more other common carriers. This section shall not be construed
to require a common carrier to permit or allow any other common carrier to
use its tracks or terminal facilities. Every common carrier, as such, is
required to receive from every other common carrier, at a connecting point,
freight cars of proper standard, and haul the same through to destination,
if the destination be upon a line owned, operated or controlled by such
common carrier, or if the destination be upon a line of some other common
carrier, to haul any car so delivered through to the connecting point upon
the line owned, operated, controlled or leased by it, by way of route over
which such car is billed, there to deliver the same to the next connecting
carrier. Nothing in this section shall be construed as in any wise limiting
or modifying the duty of a common carrier to establish joint rates, fares
and charges for the transportation of passengers, freight and property
over the lines owned, operated, controlled and leased by it and the lines of
other common carriers, nor as in any manner limiting or modifying the
power of the commission to require the establishment of such joint rates,
fares and charges. A railroad corporation and a street railroad corporation
shall not be required to interchange .cars except on such terms and con-
ditions as the commission may direct.

Carriers are not bound at common law to give the use of their tracks and terminals
to competing lines. An order of the P. S. C. requiring railroads to establish a switching
district in Baltimore and certain rates for "connecting line switching" and "inter-
mediate switching," held, in view of conditions in Baltimore and the extent of the
movements involved, valid, where reasonable compensation is provided. A railroad may
not be required to deliver, to another at a junction at or near its terminal, freight for
delivery at the terminal of a competing line where such terminal is at or near the ter-
minal of the former, nor to receive such freight from a connecting line at a point of con-
nection at or near its terminal for delivery at its terminal. Bona fide transportation
distinguished from delivery to a railroad for the purpose of getting the use of its
terminal facilities; meaning of switching movements and also of "transportation." Char-
ter of B. & O. not violated. The commission may establish through routes and joint
rates. Rates for connecting line and intermediate switching held unreasonable; contra
as to rates for yard and industrial switching. Public Service Commission v. N. C. Rwy.
Co., 122 Md. 358.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 956   View pdf image (33K)
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