Gulf, C. & SF Ry. Co. v. Texas & P. Ry. Co.
| Decision Date | 04 April 1925 |
| Docket Number | No. 4484.,4484. |
| Citation | 4 F.2d 904 |
| Court | U.S. Court of Appeals — Fifth Circuit |
| Parties | GULF, C. & S. F. RY. CO. v. TEXAS & P. RY. CO. |
J. W. Terry, of Galveston, Tex., and Thos. J. Norton, of Chicago, Ill. (Terry, Cavin & Mills, of Galveston, Tex., Gardiner Lathrop, Thomas J. Norton, and Homer W. Davis, all of Chicago, Ill., on the brief), for appellant.
T. J. Freeman, of New Orleans, La., and T. D. Gresham, of Dallas, Tex., for appellee.
Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.
This is an appeal from a decree which awarded to the appellee, Texas & Pacific Railway Company, an injunction restraining the appellant, Gulf, Colorado & Santa F? Railway Company, from constructing or operating a proposed addition to the latter's trackage, unless and until the appellant shall first have applied to and obtained from the Interstate Commerce Commission a certificate that the present or future public convenience and necessity require or will require the construction or operation, or construction and operation of such proposed additional trackage, which the decree called an extension of appellant's line of railroad.
The proposed additional trackage in question was to be located in Dallas county, Tex., between Hale, a station on appellant's Cleburne-Paris Branch, which approaches Dallas, Tex., from the southwest, and an industrial district situated north of said branch and south and alongside of appellee's line of railway, which approaches Dallas from the west, the distance on an air line from Hale to the center of such industrial district being 3? miles, but the length of the track from Hale to the point in such industrial district which is nearest to and 1? miles from the corporate limits of that part of the city of Dallas called Oak Cliff was to be 7? miles. The track was to connect with tracks owned by each of five industries located in such district. It was to be used exclusively for switching or moving freight in carloads between those industries and the station at Hale, for which service no charge was to be made; the rates to and from Hale to be applied. The proposed trackage will cost about $510,000. For a detailed description of it and of the surroundings generally, reference is made to the part of the master's report which is set out in the opinion rendered by the District Judge. Lancaster et al. v. Gulf, C. & S. F. Ry. Co. (D. C.) 298 F. 488.
The decision of the case turns upon the meaning to be given to language used in paragraphs 18, 19, 20, and 22, added to section 1 of the act to regulate commerce by section 402 of The Transportation Act 1920. 41 Stat. 456, 477 (Comp. St. Ann. Supp. 1923, ? 8563). The paragraphs mentioned provide as follows:
To continue reading
Request your trial
-
New Orleans Terminal Company v. Spencer, Civ. A. No. 9125-B.
...& Santa Fe Ry. Co. v. Texas & Pacific Ry. Co., 266 U.S. 588, 45 S.Ct. 128, 69 L.Ed. 455, reversed, Gulf Colorado & Santa Fe Ry. Co. v. Texas & Pacific Ry. Co., 4 F.2d 904, 906 (5 Cir. 1925), reversed, 270 U.S. 266, 46 S.Ct. 263, 70 L.Ed. 578 (1926). 24 Any apparent discrepancy between the h......
-
Southern Pac. Co. v. State Corp. Commission
... ... high grade could be shipped directly to the customs mill at ... Douglas, Arizona, or to El Paso, Texas, without being ... concentrated at Bisbee; but that it was necessary to ... concentrate the low grade before it could be shipped with ... Co. v. United States, 236 U.S. 351, 59 L.Ed ... 616, 35 Sup. Act. Rep. 370; and the spur leading to the plant ... as an "industrial track," Gulf, C. & S.F. Ry ... Co. v. Texas & P.Ry.Co., (C.C.A.) 4 F.2d 904 ... While these courts were not passing upon the question we have ... here, their ... ...