William R. Day

Name: Pennsylvania Company v. United States — Opinion of the Court
Author: William R. Day

Summary

“Pennsylvania Company v. United States — Opinion of the Court”, is a work by William R. Day. It explores elements such as the Pennsylvania Company, the Rochester Company and New Castle.

Quotes from Pennsylvania Company v. United States… (William R. Day)

William R. Day, Pennsylvania Company v. United States…

“ Considering the theater of the movements, the facilities for them are no more terminal or switching facilities than the depots, side tracks, and main lines are terminal facilities in a less densely populated district. A precise distinction between facilities can neither be expressed nor enforced. Transportation is the business of railroads, and when that business may be regulated and to what extent regulated, may depend upon circumstances.'
So here there is no attempt to appropriate the terminals of the Pennsylvania Railroad to the use of the Rochester Company. ”

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Source: Wikisource

William R. Day, Pennsylvania Company v. United States…

“ In other words, I have found it impossible to escape the conclusion that instead of being one concerning a mere switching privilege, the case is really one involving the using of terminal facilities. Differing only, therefore, as to an appreciation of the facts, I am very reluctant to express a dissent,-a reluctance which is greatly increased by the consideration that the view of the facts now taken by the court is the one which was adopted by the court below, and which was stated by the Interstate Commerce Commission. ”

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Source: Wikisource

William R. Day, Pennsylvania Company v. United States…

“ The Pennsylvania Company moved nearly twice as many cars for the Baltimore & Ohio road as the Baltimore & Ohio did for it. The government therefore contends with much force that such reciprocal switching arrangements ought not to justify giving cars shipped over the Baltimore & Ohio Railroad a preference denied the cars shipped over the lines of the Rochester road, which cars enter New Castle on the same track and reach the same junction points. ”

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Source: Wikisource

William R. Day, Pennsylvania Company v. United States…

“ The cars transported over the Rochester road are brought to a physical connection with the Pennsylvania road at a point where it receives carloads of freight from other roads and transports them over its connecting terminals to points of destination, and at that point in like manner forwards over other railroads carloads of freight transported in interstate commerce, and destined for points on such other connecting railroads. ”

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Source: Wikisource

William R. Day, Pennsylvania Company v. United States…

“ After describing the extent of the city of Detroit to be about 22 miles, and its population about 500,000, the court held that it was competent for the state commission to require transportation between points in that city, as the beginning and destination of traffic, and that to call the service necessary to such movement a taking of terminals was misleading, and that the statute involved was a proper regulation of the business of appellants, and not an appropriation of their terminal facilities for the use and benefit of another road. ”

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Source: Wikisource

William R. Day, Pennsylvania Company v. United States…

“ Strong, however, as is the admonition resulting from this situation, it is not strong enough to overcome the force of my conviction as to what the case really concerns, and to overcome the belief that it is my duty, at least, to state the fact of my dissent. ”

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Source: Wikisource

William R. Day, Pennsylvania Company v. United States…

“ The act as amended June 29th, 1906 (34 Stat. at L. 584, chap. 3591, Comp. Stat. 1913, § 8563) , defines what is meant by common carriers-engaged in transportation by railroad-which are brought within the control of the act, and a railroad is defined to include all switches, spurs, tracks, and terminal facilities of every kind, used or necessary in the transportation of persons or property designated in the act, and also all freight depots, yards, and grounds used or necessary in the transportation or delivery of any of said property. ”

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Source: Wikisource

William R. Day, Pennsylvania Company v. United States…

“ From the facts found by the Commission it appears that New Castle is a manufacturing city of much importance, having a population of about forty thousand people, situated near the center of the iron, steel, and ore industries of the Mahoning and Shenango valleys. ”

William R. Day

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