Terminal Taxicab Co. v. Kutz, 241 U.S. 252 (1916). · Go Syfert
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Terminal Taxicab Co. v. Kutz, 241 U.S. 252 (1916). Cases Citing This Book View Copy Cite
498 citation events (100 in the last 25 years) across 71 distinct courts.
Strongest positive: Jacob Riegelsberger v. Air Evac EMS, Inc. (ca8, 2020-08-17)
Treatment trajectory · 1917 → 2026 · click a year to view as-of
1917 1971 2026
Top citers, strongest first. 26 distinct citers.
cited Cited as authority (rule) Jacob Riegelsberger v. Air Evac EMS, Inc.
8th Cir. · 2020 · confidence medium
But “all” does not mean “everybody all the time.” Terminal Taxicab Co. v. Kutz, 241 U.S. 252, 255 (1916).
examined Cited as authority (rule) J.C. Penney Life Insurance Company v. Christian J. Pilosi James C. Pilosi (8×)
3rd Cir. · 2004 · confidence medium
The Court noted that the cab company "asserts the right to refuse the service, and no doubt would do so if the pay was uncertain, but it advertises extensively, and, we must assume, generally accepts any similarly solvent customer." Id. at 585.
discussed Cited as authority (rule) JC Penney Life Ins v. Pilosi (2×)
3rd Cir. · 2004 · confidence medium
It disputes the Pilosis’ reliance on the holding in Terminal Taxicab Co., Inc. v. Kutz, 241 U.S. 252, 255 (1916).
examined Cited as authority (rule) Brill v. Indianapolis Life Insurance Company (3×) also: Cited "see"
11th Cir. · 1986 · confidence medium
The public does not mean everybody all the time. 18 241 U.S. at 255 , 36 S.Ct. at 584 (citations omitted). 19 The focus on the availability of a vehicle for public use as a determinative factor in defining "public conveyance" is evident in Gillespie v. Traveler's Insurance Co., 486 F.2d 281 (9th Cir.1973).
examined Cited as authority (rule) Brill v. Indianapolis Life Insurance (3×) also: Cited "see"
11th Cir. · 1986 · confidence medium
The public does not mean everybody all the time. 241 U.S. at 255 , 36 S.Ct. at 584 (citations omitted).
cited Cited as authority (rule) State ex rel. Utilities Commission v. Simpson
N.C. · 1978 · confidence medium
“The public does not mean everybody all the time.” Terminal Taxicab Co. v. District of Columbia, 241 U.S. 252, 255 (1916).
discussed Cited as authority (rule) Kvalheim v. Horace Mann Life Insurance Company (2×)
Iowa · 1974 · confidence medium
See Gornish v. Pennsylvania Public Utility Commission, 134 Pa.Super. 565 , 4 A.2d 569, 571, 572 (1939); Terminal Taxi Cab Company, Inc. v. Kutz, Dist. of Col., 241 U.S. 252 , 36 S.Ct. 583 , 60 L.Ed. 984, 986 (1916).
discussed Cited as authority (rule) Western Colorado Power Co. v. Public Utilities Commission
Colo. · 1966 · confidence medium
In that case the court said: “In determining whether a business is that of a common carrier ‘the important thing is what it does, not what its charter says.’ Terminal Taxicab Co. v. Kutz, et al, 241 U.S. 252 , 36 Sup. Ct. 583, 60 L.
discussed Cited as authority (rule) City & County of San Francisco v. Western Air Lines, Inc.
Cal. Ct. App. · 1962 · confidence medium
(Terminal Taxicab Co. v. Kutz (1916) 241 U.S. 252, 255 [ 36 S.Ct. 583 , 60 L.Ed. 984 ] ; Camp Rincon Resort Co. v. Eshleman (1916) 172 Cal. 561, 563-564 [ 158 P. 186 ] ; Ford Hydro-Electric Co. v. Town of Aurora (1932) 206 Wis. 489, 496-497 [ 240 N.W. 418 ].) Our conclusion that the airport is a public utility and its common use facilities are a public utility service is consonant with recognized authority (see 12 McQuillin, Municipal Corporations, § 35.04 at pp. 571-573; § 35.06 at p. 584) and decisions of other states. 16 We have not been referred to any eases, nor have any been found, hol…
discussed Cited as authority (rule) Public Service Co. v. Public Utilities Commission
Colo. · 1960 · confidence medium
In holding that he was in fact operating as a utility and was thus subject to the law, this Court said: “In determining whether a business is that of a common carrier ‘the important thing is what it does, not what its charter says.’ Terminal Taxicab Co. v. Kutz, et al., 241 U.S. 252 , 36 Sup. Ct. 583, 60 L.Ed. 984 , Ann.
discussed Cited as authority (rule) People v. Pfingst (2×)
nynycmagct · 1956 · confidence medium
Of course, all acts of transportation, in a sense, are restricted and special, in that even a common carrier, as a practical matter, cannot serve all of the public at any given time. “ The public does not mean everybody all the time ” (Terminal Taxi Co. v. District of Columbia, supra, p. 255).
discussed Cited as authority (rule) Surface Transportation Corp. v. Reservoir Bus Lines, Inc.
N.Y. App. Div. · 1946 · confidence medium
His customers are limited by place, requirements, ability to pay and other facts. * * * The public does not mean everybody all the time.” (Terminal Taxicab Co. v. Dist. of Col., supra, p. 255.) Within the limits of its functions defendant is available to everyone who desires the use of its facilities.
discussed Cited as authority (rule) Industrial Commission v. Northwestern Mutual Life Insurance
unknown court · 1939 · confidence medium
We said in the *561 opinion at page 644: “In determining whether a business is that of a common carrier ‘the important thing is what it does, not what its charter says.’ Terminal Taxicab Co. v. Kutz, et al., 241 U. S. 252 , 36 Sup. Ct. 583, 60 L.
examined Cited as authority (rule) Max Factor & Co. v. Kunsman (4×)
Cal. · 1936 · confidence medium
A. 504] ; Terminal Taxicab Co. v. District of Columbia, 241 U. S. 252, 254 [36 Sup. Ct. 583, 60 L.
discussed Cited as authority (rule) Davis v. People Ex Rel. Public Utilities Commission
Colo. · 1926 · confidence medium
In determining whether a business is that of a common carrier “the important thing is what it does, not what its charter says.” Terminal Taxicab Co. v. Kutz, et al., 241 U. S. 252 , 36 Sup. Ct. 583, 60 L.
cited Cited as authority (rule) Puget Sound International Ry. & Power Co. v. Kuykendall
W.D. Wash. · 1923 · confidence medium
Terminal Taxicab Co., Incorporated, v. Kutz, Newman, and Brownlow, Commissioners and constituting the Public Utilities Commission of the District of Columbia, 241 U. S. 252 , 36 Sup. Ct. 583, 60 L.
examined Cited "see" Fontenot v. John I. Hay Co. (3×)
La. · 1955 · signal: see · confidence high
See Terminal Taxicab Co. v. Kutz, Com’r of District of Columbia, 241 U.S. 252, 253-254 , 36 S.Ct. 583, 584 , 60 L.Ed. 984 . * * * * * * “The tax does not discriminate between interstate and intrastate commerce.
discussed Cited "see" Spector Motor Service, Inc. v. O'Connor (2×)
SCOTUS · 1951 · signal: see · confidence high
See Terminal Taxicab Co. v. District of Columbia, 241 U. S. 252, 253-254 .
examined Cited "see" Bowles v. Wieter (3×)
E.D. Ill. · 1946 · signal: see · confidence high
See Terminal Taxicab Co. v. Kutz, 241 U.S. 252 , at page 255, 36 S.Ct. 583 , at page 584, 60 L.Ed. 984 , Ann.Cas.l916D, 765.
examined Cited "see" Denver & R. G. W. Ry. Co. v. Linck (3×)
10th Cir. · 1932 · signal: see · confidence high
See Terminal Taxicab Co. v. Kutz, 241 U. S. 252 , 36 S. Ct. 583 , 60 L.
cited Cited "see" Federal Trade Commission v. American Tobacco Co.
unknown court · 1924 · signal: see · confidence high
See Terminal Taxicab Co. v. District of Columbia, 241 U. S. 252, 256 .
examined Cited "see, e.g." Roger E. Woolsey v. National Transportation Safety Board and Federal Aviation Administration (6×)
5th Cir. · 1993 · signal: see, e.g. · confidence low
See, e.g., Terminal Taxicab v. Dist. of Columbia, 241 U.S. 252 , 36 S.Ct. 583 , 60 L.Ed. 984 (1916) (taxicabs); Semon, 279 F.2d 737 (fishing boat); Home Ins.
examined Cited "see, e.g." Woolsey v. National Transp. Safety Bd. (3×)
5th Cir. · 1993 · signal: see, e.g. · confidence low
See, e.g., Terminal Taxicab v. Dist. of Columbia, 241 U.S. 252 , 36 S.Ct. 583 , 60 L.Ed. 984 (1916) (taxicabs); Semon, 279 F.2d 737 (fishing boat); Home Ins.
examined Cited "see, e.g." Las Vegas Hacienda, Inc. And Henry F. Price v. Civil Aeronautics Board (3×)
9th Cir. · 1962 · signal: see also · confidence low
See also Terminal Taxicab Co. v. Kutz, 241 U.S. 252 , 36 S.Ct. 583 , 60 L.Ed. 984 (1916). 10 .
discussed Cited "see, e.g." In re Yellow Cab & Baggage Co. (2×)
Neb. · 1934 · signal: see also · confidence low
See, also, Terminal Taxicab Co. v. Kutz, 241 U. S. 252 , 60 L.
cited Cited "see, e.g." A. M. Holter Hardware Co. v. Boyle
D. Mont. · 1920 · signal: see also · confidence medium
See, also, Terminal Co. v. Kutz et al., 241 U. S. 256 , 36 Sup. Ct. 583, 60 L.
Terminal Taxicab Company, Incorporated,
v.
Kutz, Newman, and Brownlow, Commissioners and Constituting the Public Utilities Commission of the District of Columbia
348.
Supreme Court of the United States.
May 22, 1916.
241 U.S. 252
Mr. G. Thomas Dunlop for appellant., Mr. Conrad H. Syme for appellee.
Holmes.
Cited by 190 opinions  |  Published
Mr. Justice Holmes

delivered the opinion of the court.

This is a suit to restrain the Public Utilities Com-iiiission of the District of Columbia from exercising jurisdiction over the plaintiff-. The Commission was created and its powers established by a section (§ 8) of an appropriation act, divided into numbered paragraphs. Act of March 4, 1913, c. 150, § 8. 37 Stat. 938, 974. By paragraph 2 of the section ‘Every public utility is hereby required to obey the lawful orders of the Commission,’ and by par. 1 public utility embraces every common carrier, which phrase in turn is declared to include ‘express companies and every corporation . . . controlling or managing any agency or agencies for public use for the conveyance of persons or property within the District of Columbia for hire.’ Steam railroads, some other companies, and the Washington Terminal Company are declared not to be within the words. The main question is whether the plaintiff is a common carrier under the definition in the act. The bill was dismissed by the Supreme Court and the decree was affirmed by the Court of Appeals. 43 App. D. C. 120.

The facts are agreed. The plaintiff is a Virginia corporation authorized by its charter, with copious verbiage, to build, buy, sell, let and operate automobiles, taxicabs, and other vehicles, and to carry passengers and goods by such vehicles; but not to exercise any of the powers of a public service corporation. It does business in the Dis[*254] trict, and the important thing is what it does, not what its charter says. The first item, amounting to about thirty-five hundredths of the whole, is done under a lease for years from the Washington Terminal Company, the owner of the Union Railroad Station in Washington, which we have mentioned as excluded from the definition of common carriers. By this lease the plaintiff has the exclusive right to solicit livery and taxicab business from all persons passing to or from trains in the Union Station, and agrees in its turn to provide a service sufficient in the judgment of the Terminal Company to accommodate persons using the Station, and is to pay over a certain percentage of the gross receipts. It may be assumed that a person taking a taxicab at the station would control the whole vehicle both as to contents, direction, and time of use, although not, so far as indicated, in such a sense as to make the driver of the machine his servant, according to familiar distinctions. The last facts however appear to be immaterial and in no degree to cast doubt upon the plaintiff’s taxicabs when employed as above stated being a public utility by ancient usage and understanding, Munn v. Illinois, 94 U. S. 113, 125, as well as common carriers by the manifest meaning of the act. The plaintiff is ''an agency for public use for the conveyance of persons’ &c.; and none the less that it only conveys one group of customers in one vehicle. The.exception of the Terminal Company from the definition of common carriers does not matter. The plaintiff is not its servant and does not do businéss in its name or on its behalf. It simply hires special privileges and a part of the Station for business of its own.

The next item of the plaintiff’s business, constituting about a quarter, is under contracts with hotels, by which it agrees to furnish enough taxicabs and automobiles within certain hours reasonably to meet the needs of the hotel, receiving the exclusive right to solicit in and about[*255] the hotel; but limiting its service to guests of the hotel. We do not perceive that this limitation removes the public character of the service, or takes it out of the definition in the act. No carrier serves all the public, His customers are limited by place, requirements, ability to pay and other facts. But the public generally is free to go to hotels if it can afford to, as it is free to travel by rail, and through the hotel door to call on the plaintiff for a taxicab. We should hesitate to believe that either its contract or its public duty allowed it arbitrarily to refuse to carry a guest upon demand. We certainly may assume that in its own interest it does not attempt to do so. The service affects so considerable a fraction of the public that it is public in the same sense in which any other may be called so. German Alliance Ins. Co. v. Kansas, 233 U. S. 389, The public does not mean everybody all the time. See Peck v. Tribune Co., 214 U. S. 185, 190.

The rest of the plaintiff’s business, amounting to four-tenths, consists mainly in furnishing automobiles from its central garage on orders, generally by telephone. It asserts the right to refuse the service and no doubt would do so if the pay was uncertain, but it advertises extensively and, we must assume, generally accepts any seemingly solvent customer. Still, the bargains are individual, and however much they may tend towards uniformity in price probably have not quite the mechanical fixity of charges that attends the use of taxicabs from the Station and hotels. There is no contract with a third person to serve the public generally. The question whether as to this part of its business it is an agency for public use within the meaning of the statute is more difficult. Whether it is or not, the jurisdiction of the Commission is established by what we have said, and it would not be necessary to decide the question if the bill, in addition to an injunction against taking jurisdiction, did not pray that Order No. 44 of the Commission be declared void. That order,[*256] after declaring that the plaintiff was engaged in the business of a common carrier within the meaning of the act and so was within the jurisdiction of the Commission, required the plaintiff to furnish the information called for in a circular letter of April 12, 1913. What this information was does not appear with technical precision, but we assume that it was in substance similar to a later requirement of a schedule showing all rates and charges in force for any service performed by the plaintiff within .the District or any service in connection therewith. If we are right this demand was too broad unless the business from the garage also was within the act. There is no such connection between the charges for this last and the others as as there was between the facts required and the business controlled in Int. Comm. Comm. v. Goodrich Transit Co., 224 U. S. 194, 211.—Although I have not been able to free my mind from doubt the Court is of opinion that this pgrt of the business is not to be regarded as a public utility. It is true that all business, and for the matter of that, every life in all its details, has a public aspect, some bearing upon the welfare of the' community in which it is passed. ' But however it may have been in earlier days as to the common callings, it is assumed in our time • that an invitation to the public to buy does not necessarily entail an obligation to sell. It is assumed that an ordinary shop keeper may refuse his wares arbitrarily to a customer whom he dislikes, and although that consideration is not conclusive, German Alliance Ins. Co. v. Kansas, 233 U. S. 389, 407, it is assumed that such a calling is not public as the word is used. In the absence of clear language to the contrary it would be assumed that an ordinary livery stable stood on the same footing' as a common shop, and there seems to be no difference between the plaintiff’s service from its garage and that of a livery stable. It follows that . the plaintiff is not bound to give information as to its garage rates.

[*257] Complaint is made that jurisdiction has not been assumed over some other concerns that stand on the same footing as the plaintiff. But there can be no pretence that the act is a disguised attempt to create preferences or that the principle of Yick Wo v. Hopkins, 118 U. S. 356, applies. The ground alleged by the Commission is that it did not consider that the omitted concerns did business sufficiently large in volume to come within the meaning of the act. There is nothing to impeach the good faith of the Commission or to give the plaintiff just cause for complaint. The decree so far as it asserts the jurisdiction of the Commission is affirmed, but it must be modified so as to restrain an inquiry into the rates charged by the plaintiff at its garage, or the exercise of jurisdiction over the same.

Decree modified as above set forth.