Wisconsin Central Ltd. v. Surface Transportation Board

In instant dispute between two railroads as to where respondent-railroad must deliver railroad cars to petitioner-railroad, Surface Transportation Bd. erred in finding that petitioner could not insist in making said exchange of railroad cars at facilities owned by third-party as opposed to facilities owned by respondent. While Board found that petitioner could not designate exchange at facilities it did not own, Ct. of Appeals found that Board misapplied language of relevant statute (i.e., 49 USC section 10742), which allows receiving railroad carriers to designate exchange at facilities that are within said carrier’s power for interchange of traffic between its respective line and connecting line of another rail carrier. As such, receiving railroad need no own facilities where transfer of railroad cars is made. Moreover, record showed that petitioner railroad could accept traffic through third-party’s facilities and third party was willing to accept said traffic.