Baltimore & Ohio S. W. R. R. v. United States

Citations

• 195 F. 962
• 1912 U.S. Commerce Ct. LEXIS 8

Syllabus

<p>Railroads (§ 51*)—Interstate Commerce Act—Switch Connections—“Lateral Branch Line op Railroad.”</p> <p>Within the meaning of section 1 of the Interstate Commerce Act (Act Feb. 4,1887, c. 104, 24 Stat. 379 (U. S. Comp. St. 1901, p. 3154), as amend • ed by Act June 29, 1906, c. 3591, § 1, 34 Stat. 584 (U. S. Comp. St. Supp. 1909, p. 1149), which provides that “any common carrier subject to the provisions of this act upon application of any lateral branch line of railroad * * * shall construct, maintain and operate upon reasonable terms, a switch connection with any such lateral branch line of railroad,” etc., and further providing (as amended by Act June 18, 1910, c. 309, § 7, 36 Stat. 545 [U. S. Comp. St. Supp. 1911, p. 1284]) that, if it fails to make such connection on application, the Interstate Commerce Commission may, on complaint and after a hearing, order it done, whether a road is or is not a “lateral branch line of railroad,” and entitled to invoke the powers of the Commission, depends on the relation which it bears to the line with which switch connection is asked, and not upon its relation to the shippers or territory. It is such a lateral branch when it is tributary to and dependent on the other line for an outlet, or in other words is essentially a feeder, but not when it is in effect an independent and competing line, although it does not compete as to a portion of the territory involved, and such dependent relation is not established by the fact that it seeks the connection at one of its terminals.</p> <p>[Ed. Note.—For other eases, see Railroads, Cent. Dig. §§ 116-118, 120; Dec. Dig. § 51.*]</p>