Legal Opinion

Chicago & A. R. v. Interstate Commerce Commission

U.S. Circuit Court for the Northern District of Illnois

Decided June 29, 1908No. Nos. 29,115, 29,116PublishedCited by 2 opinions

In Equity. Suits by the Chicago & Alton Railroad Company and by the Illinois Central Railroad Company against the Interstate Commerce Commission. These causes are substantially alike and were submitted together for final decree upon bill and answer. Complainants are interstate common carriers.

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In Equity. Suits by the Chicago & Alton Railroad Company and by the Illinois Central Railroad Company against the Interstate Commerce Commission. These causes are substantially alike and were submitted together for final decree upon bill and answer. Complainants are interstate common carriers. Along the line of each in Illinois are mining districts within which the operators are dependent upon one or the other of these carriers to get to market their product in excess of local consumption. Following are the classes of cars involved: (1) Coal cars owned by complainants and used by the3n in…

1Opinion of the Court

*932I. The So-Called Private Cars.

BAKER, Circuit Judge

(after stating the facts as above).- A charter duty of railroads is to provide cars, as well as tracks and locomotives. So far as the shipping public is concerned, it is a matter of indifference whether railroads discharge'this duty by purchasing or by renting or by borrowing cars. But since no vehicle for transporting commodities in commerce can have any rights upon the tracks of -a public carrier except under and by virtue of the carrier’s charter, a shipper who is not also a lessor or lender of cars is interested in seeing that the carrier…

2Cited by2 opinions

  1. Morrisdale Coal Co. v. Pennsylvania R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1910
  2. Alvarez v. The Davey Tree Expert Company, LLCDistrict Court, D. South Carolina · 2024

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