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UNITED STATES V. AMERICAN RY. EXP. CO., 265 U. S. 425 (1924)

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U.S. Supreme Court

United States v. American Ry. Exp. Co., 265 U.S. 425 (1924)

United States v. American Railway Express Company

Nos. 666-668

Argued April 16, 17, 1924

Decided June 2, 1924

265 U.S. 425

Syllabus

1. Section 15, par. 4, of the amended Interstate Commerce Act provides that, in establishing any through route, the Commission shall not

"require any carrier by railroad, without its consent, to embrace in such route substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction and under a common management or control therewith, which lies between the termini of such proposed through route, unless such inclusion of lines would make the through route unreasonably

Page 265 U. S. 426

long as compared with another practicable through route which could otherwise be established."

Held that an express company is not a "carrier by railroad" within the meaning of the paragraph. P. 265 U. S. 430.

2. An appellee, in support of the decree in his favor, may reassert grounds that were rejected by the court below without taking a cross-appeal. P. 265 U. S. 435.

3. Under its power to establish through routes "whenever deemed by it necessary or desirable in the public interest " (Interstate Commerce Act, § 15, par. 3), the Commission, for the sake of securing better service through competition, may reasonably require an express company to form joint routes with another express company between points already served by existing routes of the former over which delivery may be made as promptly as over the new routes. P. 265 U. S. 436.

4. In such case, also, having the authority to fix "the terms and conditions under which such through routes shall be operated" (§ 15, par. 3, supra), the Commission reasonably may leave the direction of the routing to the shipper. P. 265 U. S. 437.

5. A carrier has no absolute right to retain the traffic it originates for transportation to destination over its own line. Id.

293 F. 31 reversed.

Appeals from a decree of the district court temporarily enjoining enforcement of an order of the Interstate Commerce Commission establishing through routes for the American Railway and Southeastern Express Companies. The suit was brought by the former company. The Seaboard Air Line Railway intervened as plaintiff. The Commission, the other express company, the Southern Traffic League, and other shippers' associations, intervened as defendants. chanroblesvirtualawlibrary

Page 265 U. S. 427





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