Texas & Pac. Ry. v. Gulf, Etc., Ry.’s Empirical Analysis
1926
Citation profile
1 federal appellate · 14 district · 31 state decisions
How this case has been cited
Cited by 104 later decisions (2 by the Supreme Court) — most recently August 2015 · most notably Singer Sons v. Union Pac R Co Kansas City Mo (1940), Western Pacific California Railroad v. Southern Pacific Co. (1931)
1 federal appellate · 14 district · 31 state decisions — followed in 15 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedthe decision below (from Fifth Circuit Court of Appeals)
Relationships
Relies on Great Northern Railway Co. v. Merchants Elevator Co. · Akron Ry Co v. United States · Chicago Junction Case · Railroad Commission v. Chicago, Burlington & Quincy Railroad · Chicago St Ry Co v. Minneapolis Civic & Commerce Ass'n
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 104 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * Tracks of that character (meaning spur, industrial, team, switching or side tracks) are commonly constructed either to improve the facilities required by shippers already served by the carrier or to supply the facilities to others, who being within the same territory and similarly situated are entitled to like service from the carrier. The question whether the construction should be allowed or compelled depends largely upon local conditions which the state regulating body is peculiarly fitted to appreciate. Moreover, the expenditure involved is ordinarily small. But where the proposed trackage extends into territory not theretofore served by the carrier, and particularly where it extends into territory already served by another carrier, its purpose and effect are, under the new policy of Congress, of national concern. For invasion through new construction of territory adequately served by another carrier, like the establishment of excessively low rates in order to secure traffic enjoyed by another, may be inimical to the national interest. If the purposes and effect of the new trackage is to extend substantially the line of a carrier into new territory, the proposed trackage constitutes an extension of the railroad within the meaning of paragraph 18, although the line be short, and although the character of the service contemplated be that commonly rendered to industries by means of spurs or industrial tracks. Being an extension, it cannot be built unless the Federal comm”
4 later decisions quote this exact passage · from the majority“recognized that preservation of the earning capacity, and conservation of the financial resources, of individual carriers is a matter of national concern; that the property employed must be permitted to earn a reasonable return; that the building of unnecessary lines involves a waste of resources and that the burden of this waste may fall upon the public; that competition between carriers may result in harm to the public as well as in benefit; and that when a railroad inflicts injury upon its rival, it may be the public which ultimately bears the loss.”
1 later decision quote this exact passage · from the majority““ * * * The prohibition of paragraph 18 (i. e., § 1(18) supra) is absolute. If the proposed track is an extension and no certificate has been obtained the party in interest opposing construction is entitled as of right to an injunction.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.