United States et al. v. Baltimore & Ohio Railroad Co. et al. (333 U.S. 169)
U.S. Supreme Court · decided March 8, 1948 · Supreme Court Database (Spaeth)
- Citation
- 333 U.S. 169 · 68 S. Ct. 494
- Docket
- No. 223
- Argued
- February 3, 1948
- Decided
- March 8, 1948
- Term
- October Term 1947
- Vote
- 8–1
- Majority author
- Justice Black
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Vinson, Justice R. H. Jackson, Justice Douglas, Justice Frankfurter, Justice Reed, Justice Black (wrote), Justice Rutledge, Justice Murphy
- Dissenting
- Justice Burton (wrote)
Opinion excerpt
Mr. Justice Black delivered the opinion of the Court. This case is properly here on appeal, 28 U. S. C. § 345, from a district court decree enjoining enforcement of a cease and desist order of the Interstate Commerce Commission. 71 F. Supp. 499. The order enjoined required the five railroad appellees to abstain from refusing to deliver interstate shipments of livestock to the sidetrack of Swift & Company’s packing plant at Cleveland, Ohio, and to establish tariffs for such deliveries. Swift’s sidetrack has only one connection with a railroad. That connection is with the main line of the New York Central by way of a spur track, known as “Spur No. 245,” operated by that railroad. One end of this spur owned by the New York Central connects with its main line; the other end of the spur, also owned by the railroad, connects with Swift’s sidetrack and with other private sidetracks. A 1619-foot middle segment of the spur, known as “Track 1619,” is owned by the Cleveland Union Stock Yards Company. Under the terms of a trackage agreement with Stock Yards, New York Central uses Track 1619 for deliveries to Swift’s sidetrack and other private sidetracks connected with Spur No. 245. Thus all interstate railroad shipments to Swift’s siding and to others similarly located can be made only over the segment of track owned by Stock Yards. Because of its interest in Track 1619, Stock Yards was…
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