94 N.Y.S. 545 | N.Y. App. Div. | 1905
In 1902 the Stillwater and Mechanicville Street Railway Company obtained an order requiring this defendant to make track connections with it for the purpose of facilitating the free interchange of cars between its street electric road and the defendant’s steam railway.
This plaintiff has absorbed the Stillwater and Mechanicville Street Railway Company and it is now a part of its system of surface roads.
That order was affirmed by the Court of Appeals (Matter of Stillwater & M. St. Ry. Co., 171 N. Y. 589), and such rail connections were made and a traffic agreement entered upon and cars interchanged until October, 1904, when the defendant canceled .and terminated its agreement and refused to receive or deliver cars from
While the precise question now involved was not decided therein, we think the principles enunciated and the interpretation given, to the various sections of the Railroad Law
The appellant urges that the question of the actual interchange of cars not being-before the court whatever is said or foreshadowed in the opinion in that case should not be deemed a part of the decision. But it is difficult to- conceive of the court forcing a physical connection for the switching' of cars and the interchange of traffic which would be utterly useless if cars were' not, to be switched and traffic interchanged.
Railroad companies are -corporations of such á public character that it must be conceded that the-LegislatUre has- power t'O-eOrripel the interchange of cars and traffic in the interest of the, public welfare if it sees fit, and it seems to us that the Court of Appeals has decided that the Legislature has so. enacted.
People ex rel. Jennings v. President, etc., D. & H. C. Co. (90 App. Div. 618), decided by this court, is not- ah authority to the contrary. In that case the' relator sought by mandamus to compel the delivery of loaded cars- to the Oheonta, CboperstOwn and' Richfield Springs Railway Company by the defendant over the connection which had'been established' between the two- roads. It appeared that the railway company owed the defendant a large sum for freight already delivered.; that the surface road was insolvent, and was being operated-by the relator as- receiver, and that its tracks and'roadbed Were so badly constructed and Out of repair that it was dangerous to transport loaded freight cars thereon; and that the
The order should be affirmed, with ten dollars costs and disbursements.
All concurred, except Parker, P. J., dissenting.
Order affirmed, with ten dollars costs and disbursements.
See Laws of 1890, chap. 565, as amd'.— ¡¡-Ref.-.