Majestic Coal & Coke Co. v. Illinois Cent. R. Co.

Citation162 F. 810
Decision Date25 June 1908
Docket Number28,784.
CourtU.S. District Court — Northern District of Illinois
PartiesMAJESTIC COAL & COKE CO. v. ILLINOIS CENT. R. CO.

Goodrich Vincent & Bradley (Ralph R. Bradley, of counsel), for complainant.

J. G Drennan and W. S. Kenyon, for defendant.

H. B Arnold, for Interstate Commerce Commission.

KOHLSAAT Circuit Judge.

This cause is now before the court on demurrer and motion to dissolve temporary injunction. Complainant filed its bill to restrain defendant from including certain private cars and certain so-called 'foreign fuel cars' in estimating the distributive share or quota of complainant in and to defendant's 'system cars,' so called. From the bill it appears that heretofore complainant has been awarded its pro rata number of 'system cars' without reference, and in addition to the private and foreign fuel cars employed in connection with its business. It is alleged in the bill that in this way it has been able to work its mine at its full capacity, whereby it could produce coal at reduced rates. This rate manifestly would be available for interstate shipments, although the bill alleges, and the demurrer admits, that the private and foreign fuel cars were engaged solely in intrastate trade. It further appears from the bill that complainant has entered into contracts on the basis of the old allotment of cars, which it cannot afford to carry out on the new basis of distribution of system cars.

It is claimed for complainant that, inasmuch as the private and foreign fuel cars deal only with intrastate transactions, the transactions in question do not come within the terms or spirit of the interstate commerce act. It is the plain intent of the act that railroad companies shall not extend any advantage to any shipper. It follows, therefore, that any act of a railroad company which directly or indirectly results in the extension of advantage to any one or more shippers over other shippers dealing with that road in interstate commerce is forbidden by the statute. It appears from the bill that the defendant is engaged in such commerce. There exists therefore, this situation, viz.: The railroad is giving to the coal company facilities, in intrastate commerce, it may be, which enable the latter to place its coal upon the market for interstate shipment at a less price than that at which other coal mines can afford to sell coal. Of course, such a situation might arise from...

To continue reading

Request your trial
1 cases
  • The Captain Jack
    • United States
    • U.S. District Court — District of Connecticut
    • 1 July 1908

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT