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CLEVELAND, C., C. & ST.L. RY. CO. V. UNITED STATES, 275 U. S. 404 (1928)

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U.S. Supreme Court

Cleveland, C., C. & St.L. Ry. Co. v. United States, 275 U.S. 404 (1928)

Cleveland, Cincinnati, Chicago & St. Louis

Railway Company v. United States

No. 95

Argued November 30, 1927

Decided January 3, 1928

275 U.S. 404

Syllabus

1. Paragraph 22 of § 1 of the amended Interstate Commerce Act (added by Transportation Act, 1920) which declares that the authority of the Commission conferred by paragraphs 18-21 shall not extend to the construction or abandonment of spur, industrial, team, switching or side tracks located or to be located wholly within one state, refers to tracks built by the carrier as part of its railroad, and does not destroy the power of the Commission under paragraph 9 (from Act of June 29, 1906) to require switch connections with private sidings built by shippers. P. 275 U. S. 407.

2. The mere fact that a shipper's side track with which a connection is sought extends to an industry located on another railroad will not make the switch connection or the track of the shipper, or both combined, an extension of the railroad with which the connection is sought within the meaning of paragraphs 18 to 21. P. 275 U. S. 408.

3. The possibility that, in the future, a shipper's side track may be used by carriers whose lines it crosses does not render its mere construction and operation an extension of the lines of those carriers within the meaning of paragraph 18. P. 275 U. S. 409.

4. A rule of state law that a side track crossing a highway is a part of railroads with which it connects and subject to public use does not require the Interstate Commerce Commission, when ordering a railroad to establish a switch connection with such a side track for use in interstate commerce, to make the findings of public convenience and necessity which are necessary in proceedings under paragraphs 18 to 21. P. 275 U. S. 410.

5. A state court annulled an order of a state commission which required an interstate carrier to establish a switch connection with a shipper's side track on the ground that the character of the side track brought the case within the provisions of paragraphs 18 to 21, and the exclusive jurisdiction of the Interstate Commerce Commission. Held that this did not preclude the shipper from seeking relief, or the Commission from proceeding, under paragraph chanroblesvirtualawlibrary

Page 275 U. S. 405

9, rather than paragraphs 18 to 21, where the case properly fell within the former paragraph. P. 275 U. S. 411.

6. A shipper may be entitled to a switch connection with an interstate railroad under paragraph 9, although his siding track is already connected with another interstate railroad. P. 275 U. S. 412.

7. The right of a shipper who has built his siding to compel a switch connection under paragraph 9 is not dependent on his having shipped over the line to be connected with. P. 275 U. S. 413.

8. The question whether the building of a private side track by a coal corporation was in excess of its powers under the state law is not open in a suit to set aside an order of the Interstate Commerce Commission made under paragraph 9, requiring a railroad to make a switch connection with the side track. P. 275 U. S. 413.

9. It is the duty of the district courts to deliver opinion expressing the grounds of their decisions in cases of this character. P. 275 U. S. 414.

Affirmed.

Appeal from a decree of the district court dismissing a bill to set aside an order of the Interstate Commerce Commission requiring the railway company to construct a switch connection with a private siding or spur of a coal company.





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