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SMITH v. HOBOKEN R. CO.

No. 384.

328 U.S. 123 (1946)

66 S.Ct. 947

90 L.Ed. 1123

SMITH TRUSTEE, ET AL. v. HOBOKEN RAILROAD, WAREHOUSE AND STEAMSHIP CONNECTING CO. ET AL.

Supreme Court of United States.

Decided April 29, 1946.

Attorney(s) appearing for the Case

James D. Carpenter argued the cause and filed a brief for Smith, Trustee, petitioner.

Parker McCollester argued the cause for the Hoboken Manufacturers Railroad Company et al., petitioners. With him on the brief was Edward A. Markley.

Edward J. O'Mara argued the cause for respondents. With him on the brief was John J. Hickey.

Solicitor General McGrath, Assistant Attorney General Berge, Edward Dumbauld, Daniel W. Knowlton and Edward M. Reidy filed a brief for the United States and the Interstate Commerce Commission, as amici curiae.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Hoboken Manufacturers Railroad Co. (the debtor) operates a terminal switching railroad along the waterfront at Hoboken, New Jersey. It is a common carrier subject to the provisions of the Interstate Commerce Act. 24 Stat. 379, 41 Stat. 474, 49 Stat. 543, 54 Stat. 899, 49 U.S.C. § 1. The major part of its right-of-way and line of railroad is held by it under a 99-year lease from respondent dated June 19,...

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