Chicago, Milwaukee & St. Paul Railway Co. v. Minneapolis Civic & Commerce Ass'n

Citations

• 247 U.S. 490
• 38 S. Ct. 553
• 62 L. Ed. 1229
• 1918 U.S. LEXIS 1871

Syllabus

<p>Two railroad companies, between them owning all the stock and controlling completely the property and operations of a third company, which had legal title to terminal tracks, caused separate switching charges to be made in its name on traffic moved by them over those tracks, although for substantially the same service over terminals which each owned separately, neither made any charge in addition to its line-haul rates. A state commission, finding that the practice discriminated against shippers on the third company’s tracks, ordered that the separate charges be discontinued and that the tracks be operated as a part of the terminal properties of the other companies, in intrastate traffic. Held: (1) Upon examination of the findings and evidence, • that the commission and the courts below were justified in holding the third company a mere agency or instrumentality of the other two; (2) that its technical corporate individuality and its technical ownership of the tracks in question did not entitle it to be treated as an independent carrier, and that the order did not deprive it or the other companies of property without compensation or due ■process of law; (3) that the order imposed no unlawful burden on interstate commerce.</p>