United States v. Illinois Central Railroad Company (263 U.S. 515)

by Louis Brandeis

United States Supreme Court

263 U.S. 515

United States  v.  Illinois Central Railroad Company (263 U.S. 515)

 Argued: Nov. 12, 13, 1923. --- Decided: Jan 7, 1924

The contract by which the Swift Lumber Company acquired the mill property referred to in the opinion, contained the following covenant:

'That Swift Lumber Company, their successors or assigns, shall deliver to the Fernwood & Gulf Railroad Company all and singular the freight tonnage originating on or tributary to the logging railroad of the Swift Lumber Company that may be offered and destined to a point upon said logging railroad or any extensions thereof.'

[Argument of Counsel from pages 515-517 intentionally omitted]

Mr. Blackburn Esterline, of Chicago, Ill., for the United states.

Mr. Robert V. Fletcher, of Chicago, Ill. (Mr. Walter S. Horton, of Chicago, Ill., of counsel), for Illinois Cent. R. Co.

Messrs. Garner Wynn Green and Marcellus Green, both of Jackson, Miss., for Fernwood & G. R. Co.

Messrs. W. T. Alden and H. C. Lutkin, both of Chicago, Ill. (Messrs. C. R. Latham, H. P. Young, and Chas. Martin, all of Chicago, Ill., of counsel), for Wyoming Ry. Co.

Mr. J. Carter Fort, of Washington, D. C. (Mr. P. J. Farrell, of Washington, D. C., of counsel), for Interstate Commerce Commission.

Mr. Justice BRANDEIS delivered the opinion of the Court.

Notes