United States v. Pennsylvania R. Co., 266 U.S. 191 (1924)

United States v. Pennsylvania Railroad Company

No. 68

Argued October 13, 14, 1924
Decided November 17, 1924
266 U.S. 191

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Syllabus

1. There is nothing in the Act to Regulate Commerce, as originally enacted, or in the Transportation Act, 1920, or in any earlier amendment, which indicates a purpose either to allow a carrier to create undue prejudice by the use of facilities possessed or to narrow the power of the Interstate Commerce Commission to prevent unjust discrimination. P. 199.

2. Two railroad companies, by agreement, extended, each to the other, the use of their tracks to effect terminal receipt and delivery of carload freight within a zone, in a city, so that plants within the zone having spur connections with either main line could ship or receive shipment over the other without paying an additional transportation charge for the movement over the line connected with their spurs, whereas other industries, outside the zone, but in the same city and dependent on these railroads and another, were denied the like advantage. The Interstate Commerce Commission, upon finding that the situations of the industries were "substantially similar" from the standpoint of carriage, and that the practice subjected those without the zone to undue prejudice and disadvantage, ordered the two railroads to remove the discrimination. Held, that the discrimination was unlawful, and the order valid. P. 197.

295 F. 523 reversed.

Appeal from a decree of the district court enjoining enforcement of an order of the Interstate Commerce Commission.