Nebraska Revised Statutes
Neb. Rev. Stat. § 75-123 (2026)
Rates; hearing; criteria
✓ current as of July 2026
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The following criteria shall be among those considered by the commission in fixing, modifying, or annulling any rate:
(1) The lowest rates published or charged by any common carrier for substantially the same kind of service, whether in this state or another state, shall, when introduced into evidence, be accepted as prima facie evidence of a reasonable rate for the services inquired into; and
(2) If any common carrier involved in the proceedings operates outside of this state, the rate charged for substantially the same or greater service by it in the other state shall be considered in determining what is a reasonable rate.
Notes of Decisions
Cited in 3
cases, 1967–1975 · leading case: Nebraska Railroads of Omaha v. Nebco, Inc., 231 N.W.2d 505 (Neb. 1975).
Nebraska Railroads of Omaha v. Nebco, Inc., 231 N.W.2d 505 (Neb. 1975). “1943 (then section 75-402), which provides, among other things: “The lowest rates published or charged by any common carrier for substantially the same kind of service, whether in this state or another state, shall, when introduced into evidence, be accepted as prima facie…”
Ready Mix, Inc. v. Nebraska Railroads of W. Trunk Lines Comm., 150 N.W.2d 275 (Neb. 1967). “See § 75-123, R. R. S. 1943. The commission based its order on a scale of distance rates published by two motor common carriers in interstate commerce.”
Howard McLean Co. v. Chicago, Burlington & Quincy R.R., 187 N.W.2d 300 (Neb. 1971). “See § 75-123, R. R. S. 1943. Protestants contend that the Nebraska State Railway Commission is without power to fix joint-line rates.”
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