Oregon Short Line & U. N. Ry. Co. v. Northern Pac. R. Co.’s Empirical Analysis

Citation profile

3 federal appellate · 1 district ·

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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Sec. 3. That it shall ho unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or .advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation or locality, or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever, livery common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith and shall not discriminate in their rates and charges between such connecting lines. But this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business.””

   1 later decision quote this exact passage · from the majority
   e.g. Oregon Short-Line & U. N. Ry. Co. v. Northern Pac. R.

2. ““The iirst subdivision of this section does not make all preferences or advantages which may be given by a common carrier unlawful. Only those which are undue or unreasonable are forbidden. The second subdivision is similarly guarded in its provisions. Common carriers are there only required, according to their respective powers, to afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and are forbidden to discriminate in their rates and charges between them; and even this provision is subject to the limitation that it shall not be construed as requiring any common carrier to give the use of its tracks or terminal facilities to another carrier engag'ed in like business.””

   1 later decision quote this exact passage · from the majority
   e.g. Little Rock & M. R. v. St. Louis, I. M. & S. Ry. Co.

3. ““It follows from this * * * that a common carrier is left free to enter into arrangements for the use of its tracks or terminal facilities, with ono or more connecting lines, without subjecting itself to the charge of giving undue or unreasonable preferences or adA-antages to such lines, or of unlawfully discriminating against other carriers. In making arrangements for sneli use by oilier companies, a common carrier will be governed by considerations of what is best for its own interests. The act does not purport to divest the railway carrier of its exclusive right to control its own affairs, except in the specific particulars indicated.5’ 51 fed. 474, 475.”

   1 later decision quote this exact passage · from the majority
   e.g. Little Rock & M. R. v. St. Louis S. W. Ry. Co.