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ICC V. DELAWARE, L. & W. R. CO., 216 U. S. 531 (1910)

U.S. Supreme Court

ICC v. Delaware, L. & W. R. Co., 216 U.S. 531 (1910)

Interstate Commerce Commission v.

Delaware, Lackawanna & Western Railroad Company

No. 362

Argued February 21, 23, 1910

Decided March 7, 1910

216 U.S. 531


Where a statute creates a new right and a commission is given power to extend relief in regard thereto at the instance of a specified.class, its power is limited thereto, and so held that the Interstate Commerce Commission has power to compel switch connections with lateral branch roads under § 1 of the Act of March 4, 1887, c. 104, 24 Stat. 379, as amended by § 1 of the Act of June 29, 1906, c. 3591, 34 Stat. 584, only at the instance, as stated therein, of shippers; it has no power to do so on the application of a branch railroad.

Quaere, and not decided, whether the railroad on whose behalf the application in this case was made was a lateral branch road within the meaning of the statute.

166 F. 498 affirmed.

The facts are stated in the opinion.

Page 216 U. S. 535

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