UNITED STATES v. DEL., LACK. & WEST. R.R.

No. 517.

238 U.S. 516 (1915)

UNITED STATES v. DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY.

Supreme Court of United States.

Decided June 21, 1915.


Attorney(s) appearing for the Case

Mr. Assistant to the Attorney General Todd and Mr. Solicitor General Davis for the United States.

Mr. William S. Jenney for appellee Railroad Company and Mr. John G. Johnson for appellee Coal Company.


MR. JUSTICE LAMAR, after making the foregoing statement of facts, delivered the opinion of the court.

The Commodity Clause of the Hepburn Act was intended to prevent railroads from occupying the dual and inconsistent positions of public carrier and private shipper; and, in order to separate the business of transportation from the business of selling, that statute made it unlawful for railroads to transport in interstate commerce...

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