California Portland Cement Co.

49 Cal. 2d 171 (1957), 315 P.2d 709

The Court reversed a Commission order dismissing petitioner’s complaint alleging discrimination in rail rates.  The Court rejected the Commission’s conclusion that, notwithstanding an unreasonable difference in rates charged between certain pairs of points, no undue discrimination could exist absent a competitive market.  The Court found that, notwithstanding the general rule that Commission Findings of Fact are deemed conclusive on review (Section 1757),  an order based on inconsistent findings should be annulled.  In dicta, the Court stated that one filing a complaint has a right to a hearing, a position seemingly at odds with today’s Section 1701.1(a).

Download PDF