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PURCELL V. UNITED STATES, 315 U. S. 381 (1942)

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U.S. Supreme Court

Purcell v. United States, 315 U.S. 381 (1942)

Purcell v. United States

No. 803

Argued February 11, 1942

Decided March 2, 1942

315 U.S. 381

Syllabus

1. Where most of a short railway was included in the limits of a government flood control reservoir, and continued operation of the remaining portion would serve no practical purpose, and the cost of relocating and rebuilding the line, and the increased expenses of operating it if relocated, would not be justified by pubic convenience and necessity, the Interstate Commerce Commission was authorized by § 1(18) of the Interstate Commerce Act to permit abandonment of the line in its entirety. P. 315 U. S. 383.

2. In such a case it was proper for the Commission to consider the cost of relocation, even though it would be paid not by the railway company, but by the Government, for, in determining such applications, the interests of those served by the existing line are balanced against the interests of the carrier and the transportation system, and operation of that system without waste was one of the objects of the Transportation Act of 1920. P. 315 U. S. 384.

41 F.Supp. 309 affirmed.

Appeal from a decree dismissing a bill to annul an order of the Interstate Commerce Commission permitting abandonment of a railway line. chanroblesvirtualawlibrary

Page 315 U. S. 382





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