Legal Opinion

Louisville & Nashville Railroad v. Behlmer

Supreme Court of the United States

Decided January 8, 1900No. 46PublishedCited by 64 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. This controversy was commenced on December- 29, 1892, when Henry W. Behlmer, a resident of Summerville, South Carolina, and a wholesale hay and grain dealer therein, began proceedings, before the Interstate Commerce Commission, under the Act to regulate Commerce, passed February 4, 1887, as amended, to restrain the continuance of acts asserted by him to be a violation of the statute referred to.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. This controversy was commenced on December- 29, 1892, when Henry W. Behlmer, a resident of Summerville, South Carolina, and a wholesale hay and grain dealer therein, began proceedings, before the Interstate Commerce Commission, under the Act to regulate Commerce, passed February 4, 1887, as amended, to restrain the continuance of acts asserted by him to be a violation of the statute referred to. The petition was filed by Behlmer on his own behalf, and that of the other merchants, residents of Summerville, and the parties…

1Opinion of the CourtJustice White

The questions which arise on this record involve the consideration of several provisions of the act of February 4, 1887, c. 104, to regulate Commerce. 24 Stat. 379.

The particular questions at issue and the aspect in which they arise' will be best shown by first considering the action of the Commission, then that of the Circuit Court in reviewing the order of that body, and, thirdly, that of the Circuit Court of Appeals in reversing the decree of the Circuit Court. The Commission held, as a matter of fact, that the carriers so conducted their business as to constitute a through line within the…

2Cases cited2 opinions

  1. Texas & Pacific Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1896
  2. Interstate Commerce Commission v. Alabama Midland Railway Co.Supreme Court of the United States · 1897

3Cited by64 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Manufacturers Railway Co. v. United StatesSupreme Court of the United States · 1918
  3. ILLINOIS CENT. & C. RR v. Inter. Com. Comm.Supreme Court of the United States · 1907
  4. Illinois Central Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1907
  5. Federal Trade Commission v. Curtis Publishing Co.Supreme Court of the United States · 1923

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