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UNITED STATES v. B. & O.R. CO.

No. 221.

293 U.S. 454 (1935)

UNITED STATES ET AL. v. BALTIMORE & OHIO RAILROAD CO. ET AL.

Supreme Court of United States.

Decided January 7, 1935.

Attorney(s) appearing for the Case

Mr. Daniel W. Knowlton, with whom Solicitor General Biggs, Assistant Attorney General Stephens, and Mr. Elmer B. Collins were on the brief, for the United States and the Interstate Commerce Commission.

Mr. Harold N. McLaughlin, with whom Mr. Thomas Stevenson was on the brief, for Johnston et al., intervener-appellants.

Messrs. Jacob Aronson and Nye F. Morehouse, with whom Messrs. R.V. Fletcher, Sidney S. Alderman, H.Z. Maxwell, Clarence A. Miller, and Alfred P. Thom, Jr., were on the brief, for appellees.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

This is a direct appeal from the decree of the federal court for northern Ohio, setting aside an order, under the Boiler inspection Act, entered by the Interstate Commerce Commission on January 5, 1933.

At the date of the order there were in use in the United States about 31,597 steam locomotives equipped with hand reverse gear and 28,925 equipped with power reverse gear.1

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