Public Serv. Comm'n v. Brashear Freight Lines, Inc., 306 U.S. 204 <I>(per curiam)</I> (1939)

U.S. Supreme Court, (January 28, 1939)

Docket number: 605

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Permanent Link: http://supreme.vlex.com/vid/20019101
Id. vLex: VLEX-20019101

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Text:

U.S. Supreme Court PUBLIC SERVICE COMMISSION OF MISSOURI v. BRASHEAR FREIGHT LINES, 306 U.S. 204 (1939)

[Page 306 U.S. 204, 207]

151, 176, 54 S.Ct. 658, 668. And as no appeal has been taken to review the decree denying the injunction, this Court is without jurisdiction.

Section 266 as originally enacted applied only to cases in which an interlocutory injunction was granted or denied and the purpose was to make interference by such an injunction with the enforcement of state legislation a matter for the adequate hearing and full deliberation which the presence of three judges was likely to secure. Cumberland Telephone & Telegraph Co. v. Louisiana Public Service Commission, 260 U.S. 212, 216, 43 S.Ct. 75, 76; Stratton v. St. Louis Southwestern Ry. Co., 282 U.S. 10, 14, 51 S.Ct. 8, 9. The amendment that the requirement of a court of three judges should also apply to the final hearing on the application for a permanent injunction was to end the anomalous situation in which a single judge might reconsider and decide questions already passed upon by three judges on the application for an interlocutory injunction. Smith v. Wilson, 273 U.S. 388, 390, 391 S., 47 S.Ct. 385, 386; Stratton v. St. Louis Southwestern Ry. Co., supra. And, as direct appeal to this Court was permitted from an order granting or denying an interlocutory injunction, the amendment provided also for such a direct appeal from a final decree granting or denying a permanent injunction.

It necessarily follows that, unless there is a proper appeal from a decree granting or denying an interlocutory or permanent injunction, the provision in Section 266 for a direct appeal to this Court has no application. The appeal is dismissed. It is so ordered.

Appeal dismissed.