Definition of DISCRIMINATION in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DISCRIMINATION
With reference to common carriers (especially railroads), a breach of the carrier's duty to treat all shippers alike and afford them equal opportunities to market their product. Cox v. Pennsylvania R. Co., 240 Pa. 27, 87 A. 581, 583. A carrier's failure to treat all alike under substantially similar conditions. Kentucky Traction & Terminal Co. v. Murray, 176 Ky. 593, 195 S.W. 1119, 1120.
"Discrimination" is a term well understood in the nomenclature of transportation over railroads. It implies to charge shippers of freight, as compensation for carrying the same over railroads, unequal sums of money for the same quantity of freight for equal distances; more for shorter than a longer distance, more in proportion of distance for a shorter than a longer distance; more for freights called local freights than those designated otherwise; more for the former in proportion to distance such freights may be carried than the latter. Atchison, T. & S. F. Ry. Co. v. State, 85 Okl. 223, 206 P. 236, 239.
In constitutional law, the effect of a statute which confers particular privileges on a class arbitrarily selected from a large number of persons, all of whom stand in the same relation to the privileges granted and between whom and those not favored no reasonable distinction can be found. Franchise Motor Freight Ass'n v. Seavey, 196 Cal. 77, 235 P. 1000, 1002.
In general, a failure to treat all equally, favoritism. Employment, Mische v. Kaminski, 127 Pa.Super. 66, 193 A. 410, 416; Board of Com'rs of Huron County v. State ex rel. Clarke, 127 Ohio St. 341, 188 N.E. 551, 552; Selective service, United States ex rel. Lynn v. Downer, C.C.A.N.Y., 140 F.2d 397, 401; marriages between negroes or mulattoes and white persons, Jackson v. City and County of Denver, 109 Colo. 196, 124 P.2d 240, 241; differential in teachers' salaries based solely on the ground of race and color, Thomas v. Hibbitts, D.C.Tenn., 46 F.Supp. 368, 371; taxation, Atlantic Pipeline Co. v. Brown County, D.C.Tex., 12 F. Supp. 642, 647.
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That's the definition of DISCRIMINATION in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
