U.S. Supreme Court CHICAGO & E. I. R. CO. v. INDUSTRIAL COMMISSION, 284 U.S. 296 (1932)

[Page 284 U.S. 296, 299]

was no such close or direct relation to interstate transportation in the taking of the coal to the coal chutes. This was nothing more than the putting of the coal supply in a convenient place from which it could be taken as required for use.'

We are unable to reconcile this decision with the rule deducible from the Collins and Szary Cases, and it becomes our duty to determine which is authoritative. From a reading of the opinion in the Collins Case, it is apparent that the test of the Shanks Case was not followed (see page 85 of 253 U. S., 40 S. Ct. 450); the words 'interstate commerce' being inadvertently substituted for the words 'interstate transportation.' The Szary Case is subject to the same criticism, since it simply followed the Collins Case. Both cases are out of harmony with the general current of the decisions of this court since the Shanks Case, Chicago & North Western Ry. Co. v. Bolle, , 52 S. Ct. 59, decided November 23, 1931, and they are now definitely overruled.

The Harrington Case furnishes the correct rule, and, applying it, the judgment below must be affirmed.