United States v. Baltimore & Ohio Southwestern Railroad

Citations

• 226 U.S. 14
• 33 S. Ct. 5
• 57 L. Ed. 104
• 1912 U.S. LEXIS 2128

Syllabus

<p>Under § 7 of the act of June 18, 1910, 36 Stat. 539, 547, c. 309, the Interstate Commerce Commission cannot require a main trunk road to make switch connections with a road which is not actually at the time a lateral branch road.</p> <p>In this case held, that a railroad parallel with a main trunk line and operated by a traction company as an independent venture and not as a mere feeder was not a lateral branch railroad within the meaning of § 7 of the act of June.18, Í910.</p> <p>An'order to maintain through rates incident to a requirement to make switch connections is incidental thereto and falls with it.</p> <p>Qitcere whether parties are bound in a higher court by findings based on specific investigations made by the lower tribunal without notice. See Oregon R. R. Co. v. Fairchild, 224 U. S. 510, 525.</p>