Nebraska Revised Statutes

Neb. Rev. Stat. § 75-126 (2026)

Unjust discrimination and practices prohibited; exceptions

✓ current as of July 2026

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(1) Except as otherwise provided in this section, no common carrier shall:

(a) Charge, demand, collect, or receive from any person a greater or lesser compensation for any services rendered than it charges, demands, collects, or receives from any other person for doing a like or contemporaneous service;

(b) Make or give any undue or unreasonable preference or advantage to any particular person;

(c) Subject any type of traffic to any undue or unreasonable prejudice, delay, or disadvantage in any respect whatsoever;

(d) Charge or receive any greater compensation in the aggregate for the transportation of a like kind of property or passengers for a shorter than for a longer distance over the same line or route, except as the commission may prescribe in special cases to prevent manifest injuries, except that no manifest injustice shall be imposed upon any person at intermediate points. This section shall not prevent the commission from making group or emergency rates;

(e) Demand, charge, or collect, by any device whatsoever, a lesser or greater compensation for any service rendered than that filed with or prescribed by the commission; or

(f) Change any rate, schedule, or classification in any manner whatsoever before application has been made to the commission and permission granted for that purpose, except as otherwise provided in section 86-155.

(2) This section shall not prohibit any common carrier from, and a common carrier shall not be subject to any fine, penalty, or forfeiture for, performing services free or at reduced rates to:

(a) The United States, the State of Nebraska, or any governmental subdivision thereof;

(b) The employees, both present and retired, of such common carrier;

(d) Any person who transports property for charitable purposes;

(e) Ministers and others giving their entire time to religious or charitable work;

(f) Any person who is legally blind or visually handicapped; or

(g) Any person who is sixty-five years of age or older.

(3) The rates for services that are provided by motor carriers, regulated motor carriers, and transportation network companies, as such terms are defined in section 75-302, are not subject to regulation by the commission for any rate that is determined by an agreement with a state agency.

Notes of Decisions

Cited in 6 cases, 1971–1990 · leading case: Myers v. Blair Tel. Co., 230 N.W.2d 190 (Neb. 1975).

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Myers v. Blair Tel. Co., 230 N.W.2d 190 (Neb. 1975). · cites it 4× “” Section 75-126, R. R. S. 1943, provides, so far as material herein: “(1) Except as otherwise provided in this section, no common carrier shall: * * * “ (c) subject any type of traffic to any undue or unreasonable prejudice, delay or disadvantage in any respect whatsoever; * *…”

Allen v. Omaha Transit Co., 187 N.W.2d 760 (Neb. 1971). · cites it 10× “Section 75-126, R. S. Supp., ■1969, provides: “(1) Except as.”

In Re Application No. 30466, 230 N.W.2d 190 (Neb. 1975). · cites it 4× “" Section 75-126, R.R.S.1943, provides, so far as material herein: "(1) Except as otherwise provided in this section, no common carrier shall: * * * "(c) subject any type of traffic to any undue or unreasonable prejudice, delay or disadvantage in any respect whatsoever; * * *.”

Integrated Info. Serv., Inc. v. Mountain States Tel. & Tel. Co., 739 F. Supp. 488 (D. Neb. 1990). “§ 75-126 and Art. X, § 7 of the Nebraska Constitution.”

Nebco, Inc. v. Burlington N., Inc., 326 N.W.2d 167 (Neb. 1982). · cites it 5× “(BN), violated the provisions of Neb. Rev. Stat. § 75-126 (Reissue 1981) in discriminating against Nebco by refusing to absorb the switching charges, of the Omaha, Lincoln & Beatrice Railway Company (OLB) on carload lots of sand and gravel delivered to Nebco.”

Howard McLean Co. v. Chicago, Burlington & Quincy R.R., 187 N.W.2d 300 (Neb. 1971). · cites it 2× “1943, provides that the commission shall have power to: “(1) Fix all necessary rates, charges and regulations governing and regulating the transportation, storage, or handling of freight and passengers by any common carrier in Nebraska intrastate commerce; * * *.”

— Neb. Rev. Stat. § 75-126(1) — 1 case

Nebco, Inc. v. Burlington N., Inc., 326 N.W.2d 167 (Neb. 1982). “(BN), violated the provisions of Neb. Rev. Stat. § 75-126 (Reissue 1981) in discriminating against Nebco by refusing to absorb the switching charges, of the Omaha, Lincoln & Beatrice Railway Company (OLB) on carload lots of sand and gravel delivered to Nebco.”

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