Chicago Refrigerator Co. v. Icc, 265 U.S. 292 (1924)

United States ex Rel. Chicago, New York & Boston Refrigerator Company v.


Interstate Commerce Commission
No. 288


Argued May 2, 1924
Decided May 26, 1924
265 U.S. 292

ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA

Syllabus

A car company whose business consists in leasing its refrigerator cars to railroads on a car-mile basis, and which solicits freight, but which does not control or use the facilities necessary for performing carriage, or hold itself out to perform carriage by publishing rates therefor, or receive compensation from shippers whose shipments move in its cars, is not a "carrier by railroad," within the meaning of § 209 of the Transportation Act, 1920, which made a guaranty of income for six months after March 1, 1920, with respect to any carrier by railroad with which a contract had been made fixing the amount of just compensation under the Federal Control Act. P. 293.

288 F. 649, 53 App.D.C. 111, affirmed.

Error to a judgment of the Court of Appeals of the District of Columbia, which affirmed a judgment of the Supreme Court of the District dismissing a petition for mandamus.