12 F. 309 | U.S. Cir. Ct. | 1882
The defendant is a common carrier by rail. Its road, though owned by a corporation, was nevertheless constructed for public uses, and is, in a qualified sense, a public highway.. Hence everybody constituting a part of the public, for whose benefit it was authorized, is entitled to an equal and impartial participation in the use of the facilities it is capable of affording. Its ownership by the corporation is in trust as well for the public as for the shareholders; but its first and primary obligation is to the public. We need not recount all these obligations.' It is enough for present purposes to say that the defendant has no
This case seems to have been well considered, and we have no disposition to question its authority. Future experience
Judgment affirmed.