101 Mo. 247 | Mo. | 1890
This is an action to enjoin defendants from using a platform at a railroad depot. Plaintiffs allege in their petition that as owners they are engaged in operating a bus, hack and carriage line between the city of Gallatin and the depot of the Chicago, Rock' Island and Pacific railroad, distant about a half mile from said city, and that defendants also own and operate a similar line between said city and said depot.
“ That one Scott T. Haynes, on or about the-day of November, Í883, while he was engaged in operating' the said line now owned and operated by said plaintiffs, made and constructed by and with the consent of the Chicago, Rock Island and Pacific Railroad Company (which said railroad company plaintiffs aver is a corporation duly organized and existing under the laws of the state of Missouri, which on said day last aforesaid operated and controlled, and' now operates and controls, the railroad on which said depot is situate ), a platform of wood and stone, at great expense to him the said Scott T. Haynes, beginning about ten feet west of the west end of said depot, extending west about thirty feet along and adjoining to the platform constructed and maintained by the said railroad company for the accommodation of passengers, and south • about twenty-three feet from the said platform so constructed by the said railroad company. That the said platform, constructed by the said Haynes aforesaid, was made upon the ground of the said railroad company with their fuli knowledge and express consent, for the especial use of him, the said Haynes, and none other, in order that his teams and vehicles might have a place on which to back up to, or approach, the said platform at the said depot for the reception of passengers and baggage, free of mud, and a heavy grade.
“That the said Haynes continued to use and enjoy the platform by him constructed as aforesaid, from and after the date of its construction, in pursuance of the
“That the defendants, without the consent, and against the will and wish of plaintiffs, have driven upon, and used and occupied said platform constructed by said Haynes as aforesaid, and thereby have prevented plaintiffs from reaching the main platform at said depot, except at a place where the grade is heavy, and the mud often deep. That by so doing the defendants have deprived, and continue to deprive, plaintiffs of the free use of their property, purchased from the said Haynes as aforesaid, and have thereby greatly damaged plaintiffs in the lawful exercise of their business. That defendants threaten to continue to use and occupy said platform constructed by said Haynes, although often requested by plaintiffs not to do so.”
The material part of the answer is as follows:
“ Come now the defendants, and for answer to plaintiffs’- petition herein, deny each and every allegation contained therein, éxcept such as is hereinafter expressly admitted. Further answering, d^-h^dants admit, as alleged in plaintiffs’ petition, that plaintiffs and defendants, at the time alleged in said petition, were, and have ever since been, the owners of competing hack lines, running between the town of Gallatin, Daviess county, Missouri, and what is ■ known as the Rock Island depot, about one-half mile northwest of said town of Gallatin. That the platform set forth in plaintiffs’ petition is so located at said depot; that if said plaintiffs are given the sole use and occupancy thereof, it would give the plaintiffs such an. advantage*251 over these defendants as ultimately to destroy their business. That the passengers getting off Af the trains stopping at said depot are compelled to pass by and in front of the hacks and carriages of . the plaintiffs before reaching the carriages and hacks of these defendants, thereby giving plaintiffs the first opportunity to solicit the patronage of said passengers so alighting from said trains. That the space so occupied by the said platform erected by the said Haynes, and to the use and possession of which these plaintiffs claim the exclusive right, extends along and adjoining that part of the eleyated platform erected by the railroad company where all passenger trains stop and receive and discharge passengers and baggage, the most usual place at which said trains take on and discharge passengers and baggage being at or near the east end of the platform to which plaintiffs claim the exclusive right, and defendants are forced, with their hacks and conveyances, to take a position to the west of said platform, and about fifty feet away from the point where the passengers and baggage are usually received and discharged by said railway, where the grade is steep and where the mild at different seasons of the year is deep and miry, making approach to the railroad platform inaccessible. That by reason of said exclusive use and enjoyment of said platform by plaintiffs they have and enjoy greater privileges and ' advantages than these defendants, in soliciting the carrying of passengers and baggage to and from the several passenger and accommodation trains, run and operated on said road, whereas they have the right to equal advantages and privileges to those enjoyed by plaintiffs and all others engaged in like business.”
The reply was a general denial.
The evidence tended to prove that the platform, or approach to the depot platform in question, was built by Haynes in 1882, at a cost of about fifty dollars, with
The exclusive privilege which the plaintiffs claim, under their license from the railroad company’s station agent, of occupying the space beside the railroad platform of easiest approach thereto, next to the station building, the objective point for the discharge of the railroad passengers, is a valuable one, giving the plaintiffs an advantage in carrying on their business over the defendants, their rivals, in the same line of business.
On the other hand, if better facilities are afforded to one carrier than another by the connecting carrier, competition is discouraged, a monopoly created, and the traveling public are apt to receive a slow, uncomfortable, slovenly, negligent and expensive service. Monopolies áre obnoxious to the spirit of our laws, and ought to be discouraged. This is the spirit of our constitutional provision which prohibits “discrimination in charges, or facilities in transportation * * * between transportation companies and individuals or in favor of either.” Art. 12, sec. 23. And in this case we do not think the railroad company could give the plaintiffs the