United States V New York Central R. Co., 272 U.S. 457 (1926)

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United States v New York Central Railroad Company


No. 284


Argued October 29, 1926
Decided November 22, 1926
272 U.S. 457

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

Syllabus

1. The jurisdiction of the Interstate Commerce Commission, under § 6, par. 13 of the Act to Regulate Commerce as amended, to compel a railroad carrier to provide transportation service between the public terminal of a barge canal and points on the railroad and its connections, may be invoked by a state which owns the canal and maintains it for the free use of the public, but which does not itself operate it as a carrier. P. 462.

2. Where the rail connection already exists, an order requiring the railroad to furnish the transportation at its own expense may be made without the presence of a water carrier. P. 464.

3. Such an order, under the statute, may extend to the entire current of commerce, flowing through the terminal, though intrastate in part. P. 464.

13 F.2d 200 reversed.

Appeal from a decree of the district court enjoining the enforcement of an order of the Interstate Commerce Commission requiring the New York Central Railroad Company to furnish transportation service between a terminal of the Erie Canal and the lines and connections of the railroad.