Louis Brandeis

“ That part of the application which sought to continue in effect lower rates to and from Louisville and Nashville than those in effect to and from Bowling Green, was heard separately. [1] The railroad sought to justify the lower charges for the longer distances by showing that it had to meet, particularly as to Nashville traffic, competition both by water and by rail. This contention was opposed by evidence to the effect that at Bowling Green, also, there was water competition, actual or potential and that at Nashville there was no real rail competition. ”

“ Pending an appeal of the case to this court, Intermountain Rates Cases, 234 U.S. 476, 34 Sup. Ct. 986, 58 L. Ed. 1408, was decided, whereupon appellees herein confessed error, the decree was reversed and the case was remanded to the District Court for further proceedings. ”