Icc v. Delaware, L. & W. R. Co., 216 U.S. 531 (1910)

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Interstate Commerce Commission v.

Delaware, Lackawanna & Western Railroad Company
No. 362

Argued February 21, 23, 1910
Decided March 7, 1910
216 U.S. 531

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Where a statute creates a new right and a commission is given power to extend relief in regard thereto at the instance of a specified.class, its power is limited thereto, and so held that the Interstate Commerce Commission has power to compel switch connections with lateral branch roads under § 1 of the Act of March 4, 1887, c. 104, 24 Stat. 379, as amended by § 1 of the Act of June 29, 1906, c. 3591, 34 Stat. 584, only at the instance, as stated therein, of shippers; it has no power to do so on the application of a branch railroad.

Quaere, and not decided, whether the railroad on whose behalf the application in this case was made was a lateral branch road within the meaning of the statute.

166 F. 498 affirmed.

The facts are stated in the opinion.