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eBook details

• Title: Better Home Furniture Co. v. Baron
• Author : Supreme Court of North Carolina
• Release Date : January 03, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

In determining this appeal the railroads are confronted with the statutes and decisions of the Court, which provide that the burden of proving the justification for increased rates is on them. They are required, too, to show that the proposed rate is just and reasonable. "G.S. 62-75. Burden of Proof. -- In all proceedings instituted by the Commission for the purpose of investigating any rate, service, classification, rule, regulation or practice, the burden of proof shall be upon the public utility whose rate, service, classification, rule, regulation or practice is under investigation to show that the same is just and reasonable. In all other proceedings the burden of proof shall be upon the complainant." They must also overcome the presumption that the order of the Commission is prima facie correct, G.S. 62-94(e) provides the scope of review on appeal, in part, as follows:

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