Pittsburgh & West Virginia R. Co. v. United States, 281 U.S. 479 (1930)
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U.S. Supreme Court PITTSBURGH & W. v. RY. CO. V. UNITED STATES, 281 U.S. 479 (1930)
[Page 281 U.S. 479, 482]
riers to join in establishing a union passenger station at Cleveland, through a subsidiary, the Cleveland Union Terminals Company. [Footnote 1] The Cleveland Passenger Terminal Case, 70 I. C. C. 659. The Wheeling & Lake Erie Railway Company had for some years owned and maintained an independent passenger station at Ontario street in Cleveland in the line of the easterly approach to the proposed union terminal. It was apparent from the outset that either ownership of or an easement in the Wheeling's site would be indispensable in order to provide the necessary easterly approach to the terminal. [Footnote 2] Long negotiations culminated in a plan whereby the Wheeling consented to sell its site and become a tenant in the new terminal at an annual rental of $20,000. Contracts were made embodying this plan, subject to approval of the Interstate Commerce Commission. [Footnote 3]
[Page 281 U.S. 479, 489]
decree is affirmed without prejudice to the right, if any, of the Pittsburgh to enjoin in a proper proceeding action by the Wheeling.
Affirmed. Footnotes
Footnote 1 Application for this authority had previously been dismissed. 70 I. C. C. 342. The Union Terminals Company is owned entirely by the New York Central, the New York, Chicago, & St. Louis Railroad Co. (Nickel Plate), and the Cleveland, Cincinnati, Chicago & St. Louis Railway Co. (Big Four).
Footnote 2 The land upon which the station was to be constructed was owned by the Cleveland Terminals Building Company. It conveyed the ground to the Terminals Company, reserving the air rights to itself. And it undertook to procure for Terminals an easement in Wheeling's site.
Footnote 3 Five contracts was executed by the Wheeling: (a) A contract with the Building Company containing an option to sell the Ontario street site for $1,600,000; (b) a contract with the Terminals for the use of the Union Depot; (the provisions of this contract are set out in detail in the report of the Commission); (c) a contract with the Erie Railroad for the temporary use of its Superior Avenue Station pending completion of the union terminal; (d) a contract with the Big Four for the temporary use of its tracks in order to reach the Erie's station; (e) a contract with the Terminals for reimbursement by it of the amounts which the Wheeling would have to any under its contracts with the Erie and the Big Four.
Footnote 4 This authority was also sought from the Public Utilities Commission of Ohio, but the application was dismissed for want of jurisdiction and the order of dismissal was affirmed by the Supreme Court of Ohio. Pittsburgh & West Virginia Ry. Co. v. Pub. Util. Comm., 120 Ohio, St. 434, 166 N. E. 372. See, also Wheeling & Lake Erie Ry. Co. v. Pittsburgh & West Virgina Ry. Co. (C. C. A.) 33 F.(2d) 390.
Footnote 5 When the motion for a preliminary injunction was reached for hearing, the court formally 'announced that the hearing, either temporary or as final, would be considered as involving two classes of questions: First, those involving the validity of the order of Interstate Commerce Commission as dependent upon the record before it and thus involving questions of public interest in which the United States and Interstate Commerce Commission are interested; and, second, those involving all other grounds of attack upon the proposed action of the defendant (the Wheeling) and in which neither the United States nor the Interstate Commerce Commission was interested; and that the hearing would proceed upon the first class of questions involved; that the court would then decide whether to dispose of the matter upon those questions or to continue the hearing upon the other question. ... Thereupon ... the record of the proceedings and testimony before the Interstate Commerce Commission ... was received ... upon the first class of questions, and the extent of its admissibility on the second class ... reserved until the hearing of branch of the case.' But no further hearings were held. Appellant claimed the right to introduce additional evidence and excepted to the above ruling of the court. Compare Tagg Bros. & Moorhead v. United States, 280 U.S. 420, 442, 50 S. Ct. 220. Appellant's consent to final submission was subject to the above claima.
Footnote 6 The Pittsburgh's lines connect with those of the Wheeling at Mingo Junction and at Pittsburgh Junction, Ohio.
Footnote 7 The Pittsburgh contends also that it is seeking to acquire control of the Wheeling and that the Interstate Commerce Commission has allocated the Wheeling and the Pittsburgh to one system in its plan for the consolidation of the railroads. But these vague speculative interests are clearly insufficient to give the Pittsburgh an independent standing in this suit.
Footnote 8 See Control of Big Four by N. Y. Central, 72 I. C. C. 96; Nickel Plate Unification, 105 I. C. C. 425; Control of Cincinnati, Indianapolis & Western R. R., 124 I. C. C. 476; Proposed Unification of Southwestern Lines, 124 I. C. C. 401; N. Y. Central Unification, 150 I. C. C. 278; Lease of Louisville, Henderson & St. Louis Ry., 150 I. C. C. 741; Proposed Control Erie R. R. & Pere Marquette Ry., 150 I. C. C. 751; Denver & Rio Grande Western Reorganization, 90 I. C. C. 141. Compare Stock of Baltimore & Ohio R. R., 131 I. C. C. 27.
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