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ATCHISON RAILWAY CO. v. UNITED STATES

No. 590.

232 U.S. 199 (1914)

34 S.Ct. 291

58 L.Ed. 568

ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY v. UNITED STATES.

Supreme Court of United States.

Decided January 26, 1914.

Attorney(s) appearing for the Case

Mr. Gardiner Lathrop and Mr. F.H. Wood, with whom Mr. Robert Dunlap, Mr. T.J. Norton, Mr. A.S. Halsted, Mr. C.W. Durbrow and Mr. W.F. Herrin were on the brief, for appellants.

Mr. Blackburn Esterline, Special Assistant to the Attorney General, with whom The Solicitor General was on the brief, for the United States.

Mr. P.J. Farrell for the Interstate Commerce Commission:

Mr. William E. Lamb, with whom Mr. George E. Farrand, Mr. Rush C. Butler and Mr. Stephen A. Foster were on the brief, for the Arlington Heights Fruit Company et al., intervenors.

MR. JUSTICE LAMAR, after making the foregoing statement of facts, delivered the opinion of the court.

There are many cases between shipper and carrier in which each insists that the other is bound to furnish service or facilities connected with the transportation of freight. The present record, however, presents an instance where both parties are contending for the privilege of supplying an article needed in the proper shipment of fruit — the consignor claiming...

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