Pennsylvania Railroad Company v. United States (323 U.S. 588)

by Harlan Fiske Stone

United States Supreme Court

323 U.S. 588

PENNSYLVANIA RAILROAD COMPANY, et al.,  v.  UNITED STATES, et al.

No. 182.  Argued: January 11, 1945. --- Decided: January 29, 1945.

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND.

1. Section 15(4)(b) of the Interstate Commerce Act empowers the Interstate Commerce Commission to establish a through route which would require a carrier to short-haul itself where such route is needed in order to provide "adequate, and more efficient or more economic, transportation." Held that, in determining whether the proposed through route is needed in order to provide "adequate, and more efficient or more economic, transportation," the Commission may consider the interests of the shipper as well as those of the carrier. P. 592.
2. The order of the Interstate Commerce Commission requiring the establishment of through routes was supported by the findings and the evidence. P. 593.

54 F.Supp. 381, affirmed.

APPEAL from a decree of a district court of three judges refusing to set aside an order of the Interstate Commerce Commission, 255 I.C.C. 333.

Mr. Joseph F. Eshelman, with whom Messrs. R. Aubrey Bogley, Francis R. Cross, Wm. Pepper Constable, John Dickinson, H. C. Barron, Charles Clark, A. B. Enoch, P. F. Gault, Thomas P. Healy, H. H. Larimore, A. H. Lossow, L. H. Strasser and Carson L. Taylor were on the brief, for appellants.

Mr. Robert L. Pierce, with whom Solicitor General Fahy, Assistant Attorney General Berge, Messrs. Walter J. Cummings, Jr., Daniel W. Knowlton and Edward M. Reidy were on the brief, for the United States and the Interstate Commerce Commission, and Mr. C. R. Hillyer for D. A. Stickell & Sons, Inc., appellees.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

Notes