Thomson v. United States
321 U.S. 19 (1944)

Annotate this Case

U.S. Supreme Court

Thomson v. United States, 321 U.S. 19 (1944)

Thomson v. United States

No. 70

Argued December 7, 1943

Decided January 17, 1944

321 U.S. 19

Syllabus

1. In respect of operations by motor vehicle in a coordinated rail motor freight service -- the motor vehicles being operated by contractors under arrangements described in the opinion -- only the railroad was a "common carrier by motor vehicle" entitled to "grandfather" rights under § 206(a) of Part II of the Interstate Commerce Act, since it alone held itself out to the general public to engage in such service. P. 321 U. S. 23.

2. The Commission's so-called "control and responsibility" test, so far as it leads to a different result, is disapproved. P. 321 U. S. 26.

Reversed.

Appeal from a decree of a District Court of three judges, dismissing the complaint in a suit to set aside an order of the Interstate Commerce Commission, 31 M.C.C. 299.

Page 321 U. S. 20

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