216 F. 252 | N.D.N.Y. | 1914
The complainant is a corporation of the state of Pennsylvania and engaged principally in interstate commerce and transportation of both freight and passengers. It does considerable intrastate business.
The city of Oswego, with a population, in 1910, of 23,368, is situated on Lake Ontario, at the mouth of the Oswego river, and is distant
The two trains in question had been run by the complainant some years prior to their discontinuance. At the time of such discontinuance and also at. the time of the making of the order complained of, there was the following service by steam operated roads between Oswego and Syracuse, viz.: By the Delaware, Rackawanna & Western Railroad running through Fulton, Baldwinsville, Ramson, and South Gran-by, four trains each way daily; by the New York Central & Hudson River Railroad by way of Fulton and Phcenix, four trains each way daily; by New York, Ontario & Western, through Fulton to Oneida, there connecting with the New York Central & Hudson River, two trains each way daily; and by the Empire Railways Company, a trolley line, running cars through Fulton and Baldwinsville at least every half hour for the day and part of the night. It is evident that, considering the population to be served, eight steam operated trains each way with a trolley car every half hour in addition was more than what was necessary for Syracuse, Baldwinsville, and Fulton. Ramson and South Granby had the four D. and R. steam trains and were within three miles from the trolley line. Rysander and Rittle Utica are off the line entirely from 3 to 6 miles. By discontinuing the two trains in question Ramson and South Granby and passengers coming from Rysander and Rittle Utica were deprived of the two steam trains each way, but could be served by the trolley line in cases of necessity by some travel by ordinary road.
This line of road from Syracuse to Oswego while leased and operated by the Delaware, Rackawanna & Western is a separate corporation. It is seen that Oswego and Fulton are each a competitive point for the four roads named, and South Granby, Ramson, and Rittle Utica and Rysander for the Delaware, Rackawanna & Western and the trolley line.
In 1884, the gross revenues of the Delaware, Rackawanna & Western for operating these four trains each way between Syracuse and Os-wego were $103,660.37. The trolley line was not then in operation. This revenue has steadily decreased until in 1912 it was for the same service only $36,111.36, a decrease of $67,549.01, for 1912, comparing 1884 with 1912. This was not due to any change of schedule. In
The main line of the Delaware, Lackawanna & Western runs from New York to Buffalo with this branch to Syracuse and Oswego. This branch is made up of two roads owned by other companies but leased by the Delaware, Lackawanna & Western. It is evident that if the line from Oswego to Syracuse, the Oswego & Syracuse Railroad, was being run by the company owning it, itself, it could not maintain the service demanded by the order of the commission. A prolonged effort so to do would bankrupt the owner. However, the convenience, etc., of the public who desire to use the line to Syracuse and Bing-hamton and to Oswego and the main line and other connecting lines is to be considered.
“The presumption is that the rates fixed by the commission are reasonable, and the burden of proof is upon the railroad company to show the contrary. A tariff fixed by the commission for coal in car load lots is not proved to be unreasonable, by showing that if such tariff were applied to all freight the road would not pay its operating expenses, since it might well be that the existing rates upon other merchandise, which were not disturbed by the commission, might be sufficient to earn a large profit to the company, though it might earn little or nothing upon coal in car load lots.”
St. Louis & San Francisco R. Co. v. Gill, 156 U. S. 649, 15 Sup. Ct. 484, 39 L. Ed. 567, is another rate case, and it is recognized that,
In 33 Cyc. 639, 640, we find the following:
“Train Service and Accommodations. — A railroad company authorized to condemn land and act as a common carrier must provide such train service and accommodations as will meet the necessities oí the general public, and not merely servo private interests; but the extent of its duty in this regard varies as the exigencies of the traffic and its remunerative character demand and justify, and the manner in which it shall conduct its business, including the number and frequency of trains, rests largely in the discretion of the company. While this discretion must be exercised in good faith and with a due regard to the interests of the public, it seems that in the absence of express statutory authority the courts have no power to interfere with it or to require more trains or additional accommodations so long as the railroad company does not suspend or cease its duties as a'common carrier, and certainly*256 such an order is unwarranted where the road as operated is unable to pay expenses, or where it is not shown that the facilities furnished are not reasonably adequate and the increase demanded would impose an undue hardship upon the company. A railroad company is bound on common-law principles to stop a sufficient number of its trains at stations to meet the demands of public convenience and business necessity; but it is a reasonable■ regulation on the part of the railroad company that certain trains shall not stop at all stations provided there are enough to serve the purpose of local travel, except as to places where it is expressly required by statute that all trains shall stop. Separate trains for' freight and passengers should be run if there is a demand for each class of traffic and the business of the road is sufficiently large and profitable to warrant it, but otherwise this will not be required and mixed trains may be operated. A board of railroad commissioners has no authority to interpret and enforce a contract between a railroad company and private individuals as to the maintenance of a station, but where in the consideration of the granting of a right of way the railroad company agrees with a landowner to build a station upon his land and stop all regular trains at it, he may maintain an action for the specific performance of the contract.”
See, also, what is said in Atlantic Coast Line R. Co. v. North Carolina Corporation Commission, 206 U. S. 1, 27 Sup. Ct. 585, 51 L. Ed. 933, 11 Ann. Cas. 398.
The injunction pendente lite is granted.