Legal Opinion

Philadelphia & R. Ry. Co. v. Interstate Commerce Commission

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided November 20, 1909Published

In Equity. Suit by tlie 'Philadelphia & Reading Railway Company, the Baltimore & Ohio Railroad Company, Benjamin F. Bush, receiver of the Western Maryland Railroad Company, tlie Pennsylvania Railroad Company, the Cumberland Valley Railroad Company, and the Lehigh & New England Railroad Company, against the Interstate Commerce Commission. On demurrer to bill.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

This is a bill brought by the Baltimore & Ohio Railroad Company and a number of other railroad companies against the Interstate Commerce Commission, to enjoin the latter from enforcing its order of June 7, 3909, whereby it established a tariff rate on Big Vein coal carried from the George’s Creek and Elk River regions in Maryland -to coast points in other states. To this bill the Commission demurred. The questions pertinent to our disposi*688tion of the case may be considered under the first and fifth grounds of demurrer, which are:

“(1) That it axspears from the face of…

2Cases cited17 opinions

  1. Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
  2. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  3. Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
  4. Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
  5. Chicago & Grand Trunk Railway Co. v. WellmanSupreme Court of the United States · 1892

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