Texas & Pacific Railway Co. v. Interstate Commerce Commission
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was an appeal from a decree of the United States Circuit Court of Appeals for the Second Circuit, affirming a decree of the Circuit Court of the United States for the Southern District of New York, filed October 5, 1892. The original bill of complaint was brought by the Interstate Commerce Commission, created by virtue of an act of Congress, entitled “ An act to regulate commerce,” approved February 4,…
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was an appeal from a decree of the United States Circuit Court of Appeals for the Second Circuit, affirming a decree of the Circuit Court of the United States for the Southern District of New York, filed October 5, 1892. The original bill of complaint was brought by the Interstate Commerce Commission, created by virtue of an act of Congress, entitled “ An act to regulate commerce,” approved February 4, 1887, c. 104, 24 Stat. 379, as amended by an act approved February 10, 1891, c.-128, 26 Stat. 743, against the Texas and…
1Opinion of the CourtJustice Shieas
It was claimed in the courts below, and it is also urged in this court, that the Interstate Commerce Commission is not a corporate body or person in whose name a suit can be instituted. It seems to be thought that the Commission can only sue in the names of the persons composing it.
The 16th section of the act to regulate commerce, as amended March- 2, 1889, c. 382, 25 Stat. 859, provides that “ whenever any common carrier, as defined in and subject to the provisions of that act, shall violate, or refuse or neglect to obey or perform, any lawful order or requirement of the Commission created…
2Cases cited3 opinions
- Interstate Commerce Commission v. Baltimore & Ohio RailroadSupreme Court of the United States · 1892
- Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
- Union Pacific Railway Co. v. United StatesSupreme Court of the United States · 1886
3Cited by188 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- United States v. MorganSupreme Court of the United States · 1939
- Ford Motor Co. v. National Labor Relations BoardSupreme Court of the United States · 1939
- Washington Ex Rel. Oregon Railroad & Navigation Co. v. FairchildSupreme Court of the United States · 1912
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