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Michigan Railroad Commission

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The Michigan Railroad Commission was an agency in the state of Michigan which regulated the operations of railroads within the state. It was established by the Michigan Legislature in 1873; in 1919 it was abolished and its functions transferred to a new body, the Michigan Public Utilities Commission .

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48-398: The office was established in 1873 as part of a general reform of the state's railroad laws. One requirement was that every common carrier railroad submit an annual report to the commission, which were then collected and published. These reports were published every year from 1873 until the abolition of the commission in 1919, and remain an important resource for historians . From 1905 onward

96-487: A public carrier in British English ) is distinguished from a contract carrier, which is a carrier that transports goods for only a certain number of clients and that can refuse to transport goods for anyone else, and from a private carrier . A common carrier holds itself out to provide service to the general public without discrimination (to meet the needs of the regulator's quasi-judicial role of impartiality toward

144-672: A "residual common carrier obligation", unless otherwise transferred (such as in the case of a commuter rail system, where the authority operating passenger trains may acquire the property but not this obligation from the former owner), and must operate the line if service is terminated. In contrast, private carriers are not licensed to offer a service to the public. Private carriers generally provide transport on an irregular or ad hoc basis for their owners. Carriers were very common in rural areas prior to motorised transport. Regular services by horse-drawn vehicles would ply to local towns, taking goods to market or bringing back purchases for

192-531: A common carrier. The term common carrier is a common law term and is seldom used in Continental Europe because it has no exact equivalent in civil-law systems. In Continental Europe, the functional equivalent of a common carrier is referred to as a public carrier or simply as a carrier . However, public carrier in Continental Europe is different from public carrier in British English in which it

240-408: A common carrier. An important legal requirement for common carrier as public provider is that it cannot discriminate, that is refuse the service unless there is some compelling reason. As of 2007, the status of Internet service providers as common carriers and their rights and responsibilities is widely debated ( network neutrality ). The term common carrier does not exist in continental Europe but

288-794: A daily basis that is not food-related. A consumer good or "final good" is any item that is ultimately consumed, rather than used in the production of another good. For example, a microwave oven or a bicycle that is sold to a consumer is a final good or consumer good, but the components that are sold to be used in those goods are intermediate goods . For example, textiles or transistors can be used to make some further goods. Commercial goods are construed as tangible products that are manufactured and then made available for supply to be used in an industry of commerce. Commercial goods could be tractors, commercial vehicles, mobile structures, airplanes, and even roofing materials. Commercial and personal goods as categories are very broad and cover almost everything

336-458: A good is a substitute or a complement depends on its relationship to other goods, rather than an intrinsic characteristic, and can be measured as cross elasticity of demand by employing statistical techniques such as covariance and correlation. Goods can be classified based on their degree of excludability and rivalry (competitiveness). Considering excludability can be measured on a continuous scale, some goods would not be able to fall into one of

384-418: A mostly successful in excluding non-paying customer, but are still able to be consumed by non-paying consumers. An example of this is movies, books or video games that could be easily pirated and shared for free. food, clothing, cars, parking spaces like movies, books, video games fish, timber, coal, free public transport cinemas, private parks, television, public transport to more users than what

432-408: A person sees from the time they wake up in their home, on their commute to work to their arrival at the workplace. Commodities may be used as a synonym for economic goods but often refer to marketable raw materials and primary products . Although common goods are tangible , certain classes of goods, such as information , only take intangible forms. For example, among other goods an apple

480-492: A provision excluding liability. Grand Trunk Railway Co of Canada v Robinson [1915] A.C. 740 was followed and Peek v North Staffordshire Railway 11 E.R. 1109 was distinguished. Good (economics) In economics , goods are items that satisfy human wants and provide utility , for example, to a consumer making a purchase of a satisfying product . A common distinction is made between goods which are transferable, and services , which are not transferable. A good

528-462: A rise in the price of beef results in a decrease in the quantity of beef demanded, it is likely that the quantity of hamburger buns demanded will also drop, despite no change in buns' prices. This is because hamburger buns and beef (in Western culture) are complementary goods . Goods considered complements or substitutes are relative associations and should not be understood in a vacuum. The degree to which

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576-426: Is a service provided by an electric utility company. This service can only be experienced through the consumption of electrical energy , which is available in a variety of voltages and, in this case, is the economic goods produced by the electric utility company. While the service (namely, distribution of electrical energy) is a process that remains in its entirety in the ownership of the electric service provider,

624-485: Is a synonym for contract carrier. Although common carriers generally transport people or goods , in the United States the term may also refer to telecommunications service providers and public utilities . In certain U.S. states , amusement parks that operate roller coasters and comparable rides have been found to be common carriers; a famous example is Disneyland . Regulatory bodies may also grant carriers

672-507: Is a tangible object, while news belongs to an intangible class of goods and can be perceived only by means of an instrument such as printers or television . Goods may increase or decrease their utility directly or indirectly and may be described as having marginal utility . Some things are useful, but not scarce enough to have monetary value , such as the Earth's atmosphere , these are referred to as ' free goods '. In normal parlance, "goods"

720-538: Is always a plural word, but economists have long termed a single item of goods "a good". In economics, a bad is the opposite of a good. Ultimately, whether an object is a good or a bad depends on each individual consumer and therefore, not all goods are goods to all people. Goods' diversity allows for their classification into different categories based on distinctive characteristics, such as tangibility and (ordinal) relative elasticity. A tangible good like an apple differs from an intangible good like information due to

768-405: Is an "economic good" if it is useful to people but scarce in relation to its demand so that human effort is required to obtain it. In contrast, free goods , such as air, are naturally in abundant supply and need no conscious effort to obtain them. Private goods are things owned by people, such as televisions , living room furniture, wallets, cellular telephones, almost anything owned or used on

816-423: Is being paid for free-to-air, air, national defense, free and open-source software Goods are capable of being physically delivered to a consumer . Goods that are economic intangibles can only be stored, delivered, and consumed by means of media . Goods, both tangibles and intangibles, may involve the transfer of product ownership to the consumer. Services do not normally involve transfer of ownership of

864-553: Is distinctive to common law systems, particularly law systems in the US. In Ludditt v Ginger Coote Airways the Privy Council (Lord Macmillan, Lord Wright, Lord Porter and Lord Simonds) held the liability of a public or common carrier of passengers is only to carry with due care. This is more limited than that of a common carrier of goods. The complete freedom of a carrier of passengers at common law to make such contracts as he thinks fit

912-425: Is likely to be part of a family of substitute goods ; for example, as pen prices rise, consumers might buy more pencils instead. An inelastic good is one for which there are few or no substitutes, such as tickets to major sporting events, original works by famous artists, and prescription medicine such as insulin. Complementary goods are generally more inelastic than goods in a family of substitutes. For example, if

960-422: Is to say, consuming some goods will deprive another consumer of the ability to consume the goods. Private goods are the most common type of goods. They include what you have to get from the store. For examples food, clothing, cars, parking spaces, etc. An individual who consumes an apple denies another individual from consuming the same one. It is excludable because consumption is only offered to those willing to pay

1008-451: Is usually responsible for public goods and common goods, and enterprises are generally responsible for the production of private and club goods, although this is not always the case. In 1977, Nobel winner Elinor Ostrom and her husband Vincent Ostrom proposed additional modifications to the existing classification of goods so to identify fundamental differences that affect the incentives facing individuals. Their definitions are presented on

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1056-468: The Hague-Visby Rules , escape liability on other grounds than the above-mentioned, e.g. a sea carrier is not liable for damages to the goods if the damage is the result of a fire on board the ship or the result of a navigational error committed by the ship's master or other crewmember. Carriers typically incorporate further exceptions into a contract of carriage , often specifically claiming not to be

1104-539: The Michigan Public Utilities Commission , which did not retain the title, nor did any of the sitting railroad commissioners serve on the new body. The general railroad law of 1873 specified a number of rights and responsibilities for the "Commissioner of Railroads", including but not limited to: From 1873 until 1907 a single commissioner was appointed by the Governor of Michigan . From 1907 until 1919

1152-420: The village . If space permitted, passengers could also travel. Cases have also established limitations to the common carrier designation. In a case concerning a hot air balloon , Grotheer v. Escape Adventures, Inc. , the court affirmed a hot air balloon was not a common carrier, holding the key inquiry in determining whether or not a transporter can be classified as a common carrier is whether passengers expect

1200-430: The "public convenience and necessity." A contract carrier may be authorized to provide service over either fixed routes and schedules, i.e., as regular route carrier or on an ad hoc basis as an irregular route carrier. It should be mentioned that the carrier refers only to the person ( legal or physical ) that enters into a contract of carriage with the shipper. The carrier does not necessarily have to own or even be in

1248-619: The Act refers to as "open video systems". The Act generally bars, with certain exceptions including most rural areas, acquisitions by telephone companies of more than a 10 percent interest in cable operators (and vice versa) and joint ventures between telephone companies and cable systems serving the same areas. Using provisions of the Communications Act of 1934 , the FCC classified Internet service providers as common carriers, effective June 12, 2015, for

1296-798: The FCC voted 3–2 to reinstate net neutrality in the United States by reclassifying the Internet under Title II. However, legal challenges filed by ISPs resulted in an appeals court order that stays the net neutrality rules until the court makes a final ruling, with the court opining that the ISPs are likely to prevail over the FCC on the merits. In the United States, many oil, gas and CO 2 pipelines are common carriers. The Federal Energy Regulatory Commission (FERC) regulates rates charged and other tariff terms imposed by interstate common carrier pipelines. Intrastate common carrier pipeline tariffs are often regulated by state agencies. The US and many states have delegated

1344-630: The ability of others to consume them. Examples in addition to the ones in the matrix are national parks, or firework displays. It is generally accepted by mainstream economists that the market mechanism will under-provide public goods, so these goods have to be produced by other means, including government provision. Public goods can also suffer from the Free-Rider problem . Private goods are excludable goods, which prevent other consumers from consuming them. Private goods are also rivalrous because one good in private ownership cannot be used by someone else. That

1392-452: The addition of new customers without infringing on existing customers viewing abilities. This would also mean that marginal cost would be close to zero, which satisfies the criteria for a good to be considered non-rival. However, access to cable TV services is only available to consumers willing to pay the price, demonstrating the excludability aspect. Economists set these categories for these goods and their impact on consumers. The government

1440-409: The authority to operate under contract with their customers instead of under common carrier authority, rates, schedules and rules. These regulated carriers, known as contract carriers, must demonstrate that they are "fit, willing and able" to provide service, according to standards enforced by the regulator. However, contract carriers are specifically not required to demonstrate that they will operate for

1488-402: The commissioner had some measure of control over the state police; this need was apparently prompted by a sharp increase in accidents involving the new electric interurbans . In 1907 a revision of the law expanded the office; the single commissioner was replaced a group of three. This was prompted by the urging of then-Commissioner Chase Osborn , who believed the system of a single commissioner

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1536-545: The consumption. That is, not everyone can use the good, but when one individual has claim to use it, they do not reduce the amount or the ability for others to consume the good. By joining a specific club or organization we can obtain club goods; As a result, some people are excluded because they are not members. Examples in addition to the ones in the matrix are cable television, golf courses, and any merchandise provided to club members. A large television service provider would already have infrastructure in place which would allow for

1584-645: The four common categories used. There are four types of goods based on the characteristics of rival in consumption and excludability: Public Goods, Private Goods, Common Resources, and Club Goods. These four types plus examples for anti-rivalry appear in the accompanying table. Goods that are both non-rival and non-excludable are called public goods . In many cases, renewable resources, such as land, are common commodities but some of them are contained in public goods. Public goods are non-exclusive and non-competitive, meaning that individuals cannot be stopped from using them and anyone can consume this good without hindering

1632-424: The general public under license or authority provided by a regulatory body , which has usually been granted "ministerial authority" by the legislation that created it. The regulatory body may create, interpret, and enforce its regulations upon the common carrier (subject to judicial review ) with independence and finality as long as it acts within the bounds of the enabling legislation. A common carrier (also called

1680-413: The goods on a means of transport is referred to as the "actual carrier". When a carrier subcontracts with another provider, such as an independent contractor or a third-party carrier, the common carrier is said to be providing "substituted service". The same person may hold both common carrier and contract carrier authority. In the case of a rail line in the US, the owner of the property is said to retain

1728-415: The governor appointed a body of three. Common carrier A common carrier in common law countries (corresponding to a public carrier in some civil law systems, usually called simply a carrier ) is a person or company that transports goods or people for any person or company and is responsible for any possible loss of the goods during transport. A common carrier offers its services to

1776-433: The impossibility of a person to physically hold the latter, whereas the former occupies physical space. Intangible goods differ from services in that final (intangible) goods are transferable and can be traded, whereas a service cannot. Price elasticity also differentiates types of goods. An elastic good is one for which there is a relatively large change in quantity due to a relatively small change in price, and therefore

1824-511: The judicial 1982 AT&T consent decree (often referred to as the Modification of Final Judgment ) that effectuated the breakup of AT&T's Bell System . Further, the Act gives telephone companies the option of providing video programming on a common carrier basis or as a conventional cable television operator. If it chooses the former, the telephone company will face less regulation but will also have to comply with FCC regulations requiring what

1872-496: The matrix. Elinor Ostrom proposed additional modifications to the classification of goods to identify fundamental differences that affect the incentives facing individuals Consumption can be extended to include "Anti-rivalrous" consumption. The additional definition matrix shows the four common categories alongside providing some examples of fully excludable goods, Semi-excludable goods and fully non-excludeable goods. Semi-excludable goods can be considered goods or services that

1920-410: The possession of a means of transport. Unless otherwise agreed upon in the contract, the carrier may use whatever means of transport approved in its operating authority, as long as it is the most favorable from the cargo interests' point of view. The carriers' duty is to get the goods to the agreed destination within the agreed time or within reasonable time. The person that is physically transporting

1968-472: The power of eminent domain to common carrier gas pipelines. Common carriers are subject to special laws and regulations that differ depending on the means of transport used, e.g. sea carriers are often governed by quite different rules from road carriers or railway carriers. In common law jurisdictions as well as under international law , a common carrier is absolutely liable for goods carried by it, with four exceptions: A sea carrier may also, according to

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2016-479: The price. Common-pool resources are rival in consumption and non-excludable. An example is that of fisheries, which harvest fish from a shared common resource pool of fish stock. Fish caught by one group of fishermen are no longer accessible to another group, thus being rivalrous. However, oftentimes, due to an absence of well-defined property rights , it is difficult to restrict access to fishermen who may overfish. Club goods are excludable but not rivalrous in

2064-716: The public's interest) for the "public convenience and necessity." A common carrier must further demonstrate to the regulator that it is "fit, willing, and able" to provide those services for which it is granted authority. Common carriers typically transport persons or goods according to defined and published routes, time schedules, and rate tables upon the approval of regulators. Public airlines , railroads , bus lines , taxicab companies, phone companies , internet service providers , cruise ships , motor carriers (i.e., canal operating companies , trucking companies), and other freight companies generally operate as common carriers. Under US law, an ocean freight forwarder cannot act as

2112-498: The purpose of enforcing net neutrality . Led by the Trump administration's appointed commissioner Ajit Pai , on December 14, 2017 the FCC reversed its rules on net neutrality, effectively revoking common carrier status as a requirement for Internet service providers. Following this, in 2018 the U.S. Senate narrowly passed a non-binding resolution aiming to reverse the FCC's decision and restore FCC's net neutrality rules. On 25 April 2024,

2160-414: The service itself, but may involve transfer of ownership of goods developed or marketed by a service provider in the course of the service. For example, sale of storage related goods, which could consist of storage sheds, storage containers, storage buildings as tangibles or storage supplies such as boxes, bubble wrap, tape, bags and the like which are consumables, or distributing electricity among consumers

2208-479: The transportation to be safe because the operator is reasonably capable of controlling the risk of injury. In the United States, telecommunications carriers are regulated by the Federal Communications Commission under title II of the Communications Act of 1934 . The Telecommunications Act of 1996 made extensive revisions to the "Title II" provisions regarding common carriers and repealed

2256-453: Was antiquated that a "modern type" of commission with greater powers of intervention was necessary. To provide greater continuity in policy, the three commissioners would serve six-year terms at staggered intervals. The commission also received the power to enforce the state's rate regulations and to arbitrate disputes between companies concerning the application of those rates. The commission remained so structured until its replacement in 1919 by

2304-522: Was not curtailed by the Railway and Canal Traffic Act 1854 , and a specific contract that enlarges, diminishes or excludes his duty to take care (e.g., by a condition that the passenger travels "at his own risk against all casualties") cannot be pronounced to be unreasonable if the law authorises it. There was nothing in the provisions of the Canadian Transport Act 1938 section 25 that would invalidate

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