Illinois Central Railroad Company v. Norfolk & Western Railway Company/Dissent Black

by Hugo Black

United States Supreme Court

385 U.S. 57

Illinois Central Railroad Company  v.  Norfolk & Western Railway Company

 Argued: Oct. 11, 1966. --- Decided: Nov 14, 1966

Mr. Justice BLACK, dissenting.

The District Court set aside an order of the Interstate Commerce Commission on the ground that the evidence failed to support its findings of fact. I dissent from the Court's reversal of that holding. In Universal Camera Corp. v. National Labor Relations Board, 340 U.S. 474, 488, 71 S.Ct. 456, 465, it was said that 'Congress has merely made it clear that a reviewing court is not barred from setting aside a Board decision when it cannot conscientiously find that the evidence supporting that decision is substantial, when viewed in the light that the record in its entirety furnishes, including the body of evidence opposed to the Board's view.' In the case here the District Court found that it could not conscientiously support the Commission's findings and I would affirm its judgment, adhering to the principles so firmly announced in Universal Camera,supra.

Notes