United States Supreme Court Cases & Opinions

U.S. Supreme Court

Chicago Refrigerator Co. v. ICC, 265 U.S. 292 (1924)

United States ex Rel. Chicago, New York & Boston Refrigerator Company v.

Interstate Commerce Commission

No. 288

Argued May 2, 1924

Decided May 26, 1924

265 U.S. 292

Syllabus

A car company whose business consists in leasing its refrigerator cars to railroads on a car-mile basis, and which solicits freight, but which does not control or use the facilities necessary for performing carriage, or hold itself out to perform carriage by publishing rates therefor, or receive compensation from shippers whose shipments move in its cars, is not a "carrier by railroad," within the meaning of § 209 of the Transportation Act, 1920, which made a guaranty of income for six months after March 1, 1920, with respect to any carrier by railroad with which a contract had been made fixing the amount of just compensation under the Federal Control Act. P. 265 U. S. 293.

288 F.6d 9, 53 App.D.C. 111, affirmed.

Error to a judgment of the Court of Appeals of the District of Columbia, which affirmed a judgment of the Supreme Court of the District dismissing a petition for mandamus.