Interstate Commerce Commission v. Oregon-Washington Railroad & Navigation’s Empirical Analysis
288 U.S. 14 · 1933
Citation profile
63 federal appellate · 12 district · 46 state decisions
How this case has been cited
Cited by 211 later decisions (53 by the Supreme Court) — most recently June 2019 · most notably Ashwander v. Tennessee Valley Authority (1936), Joint Anti-Fascist Refugee Committee v. McGrath (1951)
63 federal appellate · 12 district · 46 state decisions — followed in 18 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.
Relationships
Relies on Virginian Ry Co v. United States · Akron Ry Co v. United States · United States v. Jin Fuey Moy · State of Minnesota v. Ethan Allen Hitchcock · United States v. La Franca
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 211 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he Act, reasonably construed, distinguishes between ... extensions, voluntarily undertaken ...; compulsory extensions ...; and spur, industrial, team, switching or side tracks located wholly within one State, which are left within state control”
5 later decisions quote this exact passage · from the majority“"The argument is not persuasive that alone among all these inroads upon the freedom of managerial discretion the provision for compulsory extensions is to be struck down as ineffective. As long as governmental orders are kept within the range of reason, their operation is unaffected by expectation or desire. The Fifth Amendment of the Constitution is invoked by the carriers, but invoked without avail. Consistently with that Amendment Congress may delegate to the Commission the power to force upon unwilling carriers an extension of their lines into fields of old service and of new. Much of what has been written in this opinion as to the meaning of the statute is pertinent also to an inquiry as to power. Again the thought is to be kept before us that the need of the public, not the acquiescence of the carrier, is the measure of the service, provided only that for such service there is adequate requital."”
2 later decisions quote this exact passage · from the majority“"The time has gone by when the subjection of a public service corporation to control and regulation by the agencies of government is to have its origin and justification in the terms of a supposed contract between the corporation and the state. The origin of the subjection and its justification are to be found, not in contract, but in duty, a duty imposed by law as an incident to the enjoyment of a privilege. The discretion of managers and stockholders, at one time nearly absolute, is now subject in countless ways to compulsion or restraint in the interest of the public welfare."”
2 later decisions 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.