Brotherhood of Railroad Trainmen v. Baltimore & Ohio Railroad Co. et al. (331 U.S. 519)
U.S. Supreme Court · decided June 9, 1947 · Supreme Court Database (Spaeth)
- Citation
- 331 U.S. 519 · 67 S. Ct. 1387
- Docket
- No. 970
- Argued
- May 6, 1947
- Decided
- June 9, 1947
- Term
- October Term 1946
- Vote
- 9–0
- Majority author
- Justice Murphy
- Issue area
- Unions
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Douglas, Justice Frankfurter, Justice Reed, Justice Black, Justice Rutledge, Justice Murphy (wrote)
Opinion excerpt
Mr. Justice Murphy delivered the opinion of the Court. Our concern here is with the intervention rights of representatives of railroad employees in a suit brought against the railroad under §16 (12) of the Interstate Commerce Act, 49 U. S. C. § 16 (12). The origin of this suit is to be found in an order issued by the Interstate Commerce Commission on May 16,1922. Chicago Junction Case, 71 I. C. C. 631. See also Chicago Junction Case, 264 U. S. 258. The Commission there approved the purchase by the New York Central Railroad Co. (Central) of all the capital stock of the Chicago River & Indiana Railroad Co. (River Road); it also authorized the leasing to River Road of all the properties of the Chicago Junction Railway Co. (Junction) for 99 years and thereafter, at the lessee’s option, in perpetuity. Among the properties in question were trackage and switching facilities at the Union Stock Yards, Chicago, Illinois, connecting with various trunk lines. Prior to the Commission order, the practice had been for the trunk line railroads to use their own power and crews to move their empty and loaded livestock cars over these tracks to and from the loading places in the Union Stock Yards. For the privilege of so moving their cars, the railroads were charged $1.00 per car, loaded or empty. The Commission made various conditions to its approval of the proposed transactions. The third…
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