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CENTRAL NEW ENGLAND RY. CO. V. BOSTON & ALBANY R. CO., 279 U. S. 415 (1929)

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U.S. Supreme Court

Central New England Ry. Co. v. Boston & Albany R. Co., 279 U.S. 415 (1929)

Central New England Railway Company v.

Boston & Albany Railroad Company

No. 532

Argued April 19, 1929

Decided May 13, 1929

279 U.S. 415

Syllabus

1. The writ of certiorari is properly directed to an intermediate state court when the judgment entered by it is, under the local practice, a final decision of the highest court of the state in which the decision could be had. P. 279 U. S. 417.

2. An interstate carrier which enjoyed trackage rights beyond the terminus of its branch line over a line of another interstate carrier under an agreement for a term of years obligating the first carrier to make annual payments to the second for the privilege, abandoned a section of the branch, including the trackage connection, pursuant to a certificate of public convenience and necessity issued chanroblesvirtualawlibrary

Page 279 U. S. 416

under § 1, par. 18, of the amended Interstate Commerce Act upon the ground that that part of the branch was being operated at a loss.

Held:

(1) Assuming that the Interstate Commerce Commission had power to relieve the first carrier of its obligation to make further payments under the agreement, the certificate did not have that effect, since the second carrier was not a party to, nor notified of, the proceeding in which it was granted, and the certificate and the report of the Commission did not purport to deal with that subject. P. 279 U. S. 417.

(2) The state court had jurisdiction of an action on the agreement to enforce the payments, and therein, subject to the power of revision by this Court, could construe the order of the Commission. P. 279 U. S. 420.

264 Mass. 128 affirmed.

Certiorari, 278 U.S. 596, to review a judgment of the Superior Court of Massachusetts, entered on a rescript from the Supreme Judicial Court, in favor of the present respondent in its action to enforce payments by the petitioner under a trackage contract.





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