122 F. 800 (4th Cir. 1903), 467, Interstate Commerce Commn. v. Southern Ry. Co.

Docket Nº:467.
Citation:122 F. 800
Case Date:May 05, 1903
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit

Page 800

122 F. 800 (4th Cir. 1903)




No. 467.

United States Court of Appeals, Fourth Circuit.

May 5, 1903

Appeal from the Circuit Court of the United States for the Western District of Virginia.

L. A. Shaver, for appellant.

Ed. Baxter (Fairfax Harrison, on the brief), for appellee.

Before GOFF, Circuit Judge, and PURNELL and BOYD, District Judges.

BOYD, District Judge.

This is a suit brought by the Interstate Commerce Commission at the instance of certain citizens of the city of Danville, Va., against the Southern Railway Company, on account of alleged discrimination in freight rates against the said city. Facts sufficient for an understanding of the questions involved are stated in the opinion.

In the beginning a petition was filed by the Danville Complainants before the commission, and thereupon an investigation was had and an order made by the commission requiring the railway company to reduce its rates on sundry classes of freight to Danville, and on tobacco shipped from Danville to points in the west. The railway company declined to obey the order of the commission, and this suit was brought. The grounds upon which the complaint is based are substantially that the through rates from the west via Lynchburg to Danville are greater than the rate to Lynchburg, and that the rate to Richmond via Lynchburg is less than that to Danville, although the latter place is nearer to the shipping points than Richmond. The principal grievance complained of against the Railroad is the rate charged by the Southern Railway for freight between

Page 801

Lynchburg and Danville. Lynchburg and Richmond are both reached by three railway systems, viz., the Southern, the Norfolk & Western, and the Chesapeake & Ohio railways. Prior to 1886 there were four independent railroads operated to Danville, but in that year three of them passed under the control of the Richmond & Danville Railroad Company, In 1894 the last-named railroad company was succeeded by the Southern Railway Company, which acquired control of all the property of the Richmond & Danville Company, and in 1899 the Southern purchased the Atlantic & Danville, which was the remaining railroad running into Danville. On account of the several lines reaching Richmond and Lynchburg, and from the fact that these lines, by reason of their location, do business as...

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