United States v. Baltimore & Ohio Southwestern Ry. Co., 226 U.S. 14 (1912)

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United States, Cincinnati & Columbus Traction Company v.

Baltimore & Ohio Southwestern Railroad Company
No. 648

Argued October 25, 28, 1912
Decided November 11, 1912
226 U.S. 14

APPEAL FROM THE UNITED STATES COMMERCE COURT

Syllabus

Under § 7 of the Act of June 18, 1910, 36 Stat. 539, 547, c. 309, the Interstate Commerce Commission cannot require a main trunk road to make switch connections with a road which is not actually at the time a lateral branch road.

In this case, held that a railroad parallel with a main trunk line and operated by a traction company as an independent venture, and not as a mere feeder, was not a lateral branch railroad within the meaning of § 7 of the Act of June 18, 1910.

An order to maintain through rates incident to a requirement to make switch connections is incidental thereto, and falls with it.

Quaere whether parties are bound in a higher court by findings based on specific investigations made by the lower tribunal without notice. See Oregon R. Co. v. Fairchild, 224 U.S. 510, 525.

195 F. 962 affirmed.

The facts, which involve the jurisdiction of the Interstate Commerce Commission to require carriers to establish switch connections, are stated in the opinion.