United States v. Pennsylvania R. Co., 323 U.S. 612 (1945)

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF NEW JERSEY

Syllabus

1. Under the Transportation Act of 1940, the Interstate Commerce Commission has authority, in connection with through rail-water routes, to require a railroad to interchange its cars with a water carrier and to abrogate a rule of an association of railroads prohibiting such interchange. Pp. 615, 619.

2. The authority of the Interstate Commerce Commission to require a railroad to interchange its cars with a water carrier extends to interstate movements over routes which are partly outside the territorial waters of the United States. Pp. 620, 622.

3. An order of the Interstate Commerce Commission fixing, as reasonable compensation for the use by a water carrier of cars of connecting railroads, $1.00 per car per day for such period as the cars are in the water carrier’s actual possession was supported by substantial evidence, and is sustained. P. 623.

55 F.Supp. 473 reversed in part.

Cross appeals from a judgment of a district court of three judges setting aside in part an order of the Interstate Commerce Commission.