United States v. Erie Railroad Company, 280 U.S. 98 (1929)

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United States v. Erie Railroad Company

No. 30

Argued November 1, 1929
Decided November 25, 1929
280 U.S. 98

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF NEW JERSEY

1. The Interstate Commerce Commission has power to establish rates on intrastate shipments which are part of foreign commerce. P. 100.

2. Whether a shipment is foreign or local is determined by the essential character of the commerce; it is not dependent upon the question when or to whom title passes, and the shipment may be foreign in its entirety even though completed under a local bill of lading with a temporary detention before or after the local movement. P. 101.

3. The Commission found that the consignee of shipments from abroad acted only as agent of the consignors under a duty to reconsign the goods on a local bill of lading to their ultimate destination, in accordance with what it found to be the continuing intent from the time the goods were placed on board the steamer. There being ample evidence to support these findings, they should have been accepted by the district court as conclusive, and the holding that the local movement was in fact a part of foreign commerce should not have been disturbed. P. 102.

32 F.2d 613 reversed.

Appeal from a decree of the district court setting aside and annulling an order of the Interstate Commerce Commission which required the establishment of a specific rate on shipments of imported wood pulp, from Hoboken, the place of importation, to another place in New Jersey.