The Pittsburgh & West Virginia Railway Company v. United States et al., 1929, was a case that revolved around the issue of whether or not the Interstate Commerce Commission (ICC) had overstepped its boundaries in ordering a railway company to construct and maintain an underpass at one of its crossings. The Supreme Court ruled in favor of the ICC, stating that it did have such authority under the Transportation Act of 1920. This act gave power to ICC to require railroads to install safety devices if they were deemed necessary for public safety. The court held that this provision extended beyond mere signals and other warning devices, but also included structural changes like underpasses when required for public convenience or protection.

In the dissenting opinion for Pittsburgh & West Virginia Railway Company v. United States, it was argued that the Interstate Commerce Commission (ICC) had overstepped its authority by ordering a consolidation of railway companies without considering whether such an action would be in the public interest or not. The dissenters believed that this decision violated both statutory and constitutional law as it did not respect due process rights nor adhere to legislative intent regarding ICC powers. They contended that Congress never intended for the ICC to have such sweeping power, especially when it could potentially harm competition and infringe upon state rights. Furthermore, they expressed concern about potential negative impacts on smaller railroads which may be forced into mergers against their will or best interests.