Purcell v. United States

315 U.S. 381, 62 S. Ct. 709, 86 L. Ed. 910, 1942 U.S. LEXIS 1082
Supreme Court of the United States·Decided March 2, 1942·No. 803·Published·Cited by 42 cases

Opinion

*382 Me. Justice Black

delivered the opinion of the Court.

A federal district court, composed of three judges in accordance with 28 U. S. C. § 47, dismissed the appellants’ bill, which prayed for the annulment of an order of the Interstate Commerce Commission. 41 E. Supp. 309.' The order permitted the Confluence and Oakland Railroad Company, as owner, and the Baltimore and Ohio Railroad Company, as lessee, to abandon a railroad line approximately 20 miles long and to discontinue service entirely in the area now served: a semi-mountainous section along the Youghiogheny River between Confluence and Oakland Junction, Pennsylvania, and Kendall, Maryland. The appellants, who also appeared as protestants before the Interstate Commerce Commission, are the Public Service Commission of Maryland and the McCullough Coal Corporation, a coal mining company which alleges it will be forced out of business if railroad service is discontinued.

The application to the Commission for abandonment was not made because the line had been operating at a loss. On the contrary, the Commission concluded that there was no evidence that the line had theretofore been a burden on the Baltimore and Ohio system, of which it was a part; or that a predictable decline in the volume of traffic would make it one in the future, if it were allowed to continue in existence undisturbed. 244 I. C. C. 451, 458 ; 247 I. C. C. 399, 401. But continued undisturbed existence would be an impossibility in view of a flood control project already begun by the War Department under authority of an Act of Congress. 52 Stat. 1215-1216. This project entails the construction of a dam which will create a reservoir covering an area in which twelve miles of the line are now located. It is conceded that unless a new connecting section is built, the sections of the line not to be inundated — a detached six mile segment above the dam, *383 and a one mile segment connecting with the main line of the Baltimore and Ohio below it — would serve no practical purpose justifying continued operation.

The appellants do not challenge the statutory authority of the War Department to submerge the line as it proposes to do. Nor do they suggest that the Commission could or should take any action to deter completion of the project. Nevertheless, they contend that since “the sole reason for the abandonment was the flood control project, the application should have been denied forthwith by the Commission because of lack of jurisdiction to grant an abandonment on such ground.” But under § 1 (18) of the Interstate Commerce Act the standard prescribed for the Commission in cases of this kind is whether “the present or future public convenience and necessity permit of such abandonment.” 49 U. S. C. § 1 (18). It is difficult to imagine what consideration of present or future public convenience could reasonably impel the Commission to decline to authorize abandonment of a line admittedly doomed to be rendered inoperable regardless of what action the Commission might take. And the appellants suggest none. We must dismiss the appellants’ contention on this point as without merit. 1

The appellants make the further argument that, even if the Commission did not err in permitting abandonment of the line, its order cannot stand because of the failure to *384 .impose a condition that substitute service be provided by relocating the line. 2 After hearing testimony on the probable cost of relocation and the probable cost of maintaining a relocated line, the Commission concluded that “considering the expenditure necessarily incident to that relocation and the increased costs of operating the line that will be caused thereby, ... we are not justified by the public convenience and necessity in taking action herein that will require the relocation of the line.” The appellants do not contest the Commission’s finding, amply supported by evidence, that the relocated line would require increased operating expenses. If the Commission had based its conclusion on this finding alone, there would seem to be no adequate ground for setting its order aside in judicial proceedings. The Commission did consider relocation costs, however, and the appellants contend that this was an improper consideration which invalidates its order.

In making this attack on the order, the appellants contend that under the statute authorizing the War Department to construct flood control projects, the cost of relocation would have to be borne by the Government rather than the railroad. Cost thus borne would not affect the financial condition of the railroad itself, the appellants urge, and therefore there could be no such weakening of the railroad’s capital structure as would adversely affect the transportation system. Hence, the argument continues, in that balancing of the interests of those now served by the present line on the one hand, and the interests of the carrier and the transportation system on the other, which a proper disposition of abandon *385 ment applications requires, Colorado v. United States, 271 U. S. 153, the former interests must prevail.

Free access — add to your briefcase to read the full text and ask questions with AI

Purcell v. United States, 315 U.S. 381, 62 S. Ct. 709, 86 L. Ed. 910, 1942 U.S. LEXIS 1082 (1942).

315 U.S. 381 (Purcell v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Howard v. Surface Transportation Board
389 F.3d 259 (First Circuit, 2004)
Glosemeyer v. Missouri-Kansas-Texas R. Co.
685 F. Supp. 1108 (E.D. Missouri, 1988)
Vieux v. County of Alameda
695 F. Supp. 1023 (N.D. California, 1987)
Glazer Steel Corp. v. Interstate Commerce Commission
748 F.2d 1006 (Fifth Circuit, 1984)