107 Ga. 636 | Ga. | 1899
The facts necessary for a clear comprehension of the merits of the petition, under which the defendants were sought to be enjoined, may be briefly stated as follows: The union passenger-depot in the city of Atlanta is owned jointly by the State and three railroad companies. By agreement, all the railroad-trains which reach the city of Atlanta enter and depart from this passenger-station. The control of this building has been placed in the hands of a board of control, who represent its owners. Connected with the station is a baggage-room, jointly used by all of the railroad companies. The petition filed in this case alleges that the board of control has made a contract with the Atlanta Baggage <fc Cab Company, by which
The defendants answered, admitting that a contract existed with the Atlanta Baggage and Cab Company, but averring that no exclusive privilege of entering the depot for the purpose of hauling trunks, baggage, etc., has been given to the cab company; that the railroads entering the passenger-station have a common baggage-master who has exclusive charge of all baggage delivered at the passenger-station; that the cab company has nothing to do with the baggage which arrives at the station until such baggage has been delivered - to it; that the same rights which are accorded to the cab company as to the receipt and delivery of baggage are extended to all companies and persons engaged in the business, including petitioner; that
On the hearing the evidence for the petitioner tended to show the facts alleged to be true in the petition. That of the defendant tended to rebut all the particular facts which were not admitted by the answer. As a part of his evidence, the petitioner introduced a contract executed November 25, 1891, by the board of control and the Ballard Transfer Company, by which it was provided that the latter company should have the exclusive control of checking baggage from all parts of the city of Atlanta into and from the baggage-room of the depot; that the transfer company should be allowed an office for the conduct of its business in the baggage-room at the station, to be fitted up at the expense of the transfer company; that the railroad companies should employ their own baggage-master and help for handling baggage between the room and the trains, and the transfer' company should handle baggage from the room to all points in the city, and deliver baggage from points in the city to the baggage-room; that the transfer company should be allowed the privilege of sending agents free of charge on such trains as it would select for the purpose of soliciting the carriage of baggage to points in the city before the arrival of
The evidence was in direct conflict on many points. As to the truth of the allegations about which the evidence is conflicting, it is, so far as we are concerned, settled by the determination of the judge, and the right of the petitioner to have the judgment refusing the injunction reversed must depend on the application of legal principles to such of the allegations as are not contested by evidence, and these are: First, that the defendants permit the cab company to enter the passenger-trains before reaching the city, for the purpose of soliciting baggage, and refuse the same privilege to the petitioner. Second, that the servants of the cab company are allowed access to the passenger-station for the purpose of soliciting patronage and for more conveniently attending to its business, and this privilege is refused to petitioner. Third, that the privilege of using an office in the baggage-room of the defendants for the transaction of its business is granted to the cab company and refused to Kates. Fourth, the privilege of checking the baggage of prospective passengers at hotels and residences in advance
It is claimed that the grant of the enumerated privileges to the cab company, and the refusal of them to petitioner, is the exercise of an undue preference on the part of the carrier against the business of petitioner, and that such grant and refusal establishes a monopoly which is forbidden by law. In entering into the consideration of these important questions, we find that the field of enquiry has been frequently traversed, wffh the result of adjudicated cases not entirely in harmony. In some of these, the decisions are based on the common law; in very many more, pn the terms of various statutes; and it may be well to. enquire whether our own organic or statute law deals particularly with such questions. It is undeniably true that the whole spirit of our constitution and laws is directed against an.y restriction .of competition. Constitution of Ga., art. 4, section 2, par..4. • Section 2214 of the Civil Code declares against discrimination in rates of freight and in the furnishing of facilities for interchange of freights, etc., as do also sections 2188, 230,7, 2268, and 2274 of the Civil Code, in a greater or less degree. While it is perhaps true that there are no express rules of any of our statutes which enact penalties for unjust discrimination exercised by carriers to the detriment of the business of another, yet the scope and intent of the provisions to which we have referred are broad enough to afford a remedy. But'in the absence of any statutory declaration, we are remitted to the principles of the common law to determine whether the refusal to grant the plaintiff in error the exercise of the facilities afforded to another in the same business is an unjust discrimination, or an unequal and illegal prefer
This court in the case of Fluker v. Georgia R. R. Co., 81 Ga. 461, recognized, the distinction which exists between the duty which a railroad cqmpany owes to the public and the private right to regulate and control its property. In that case the railroad company had leased to one individual the right of serving lunches to passengers on its trains at a given place. Another claimed the right to exercise the same privilege, which the company denied, and the claimant was expelled as an intruder. As in our opinion this case goes very far in determining the legal questions now presented, we freely refer to the opinion rendered by Chief Justice Bleckley as sound in principle, and authority binding upon us. Through him the court says: “ It is contended that the company has no such exclusive dominion over the tracks and spaces embraced in its right of way as to .entitle it to exclude therefrom any person entering thereon in an orderly manner and upon lawful business; and especially that it can not discriminate against one person and in favor of another. We have discovered no authority for this position, either in its more limited or more extended form. On the contrary, it would seem that the very nature of property involves a right to exclusive dominion over it in the owner. We can, not believe that there is a sort of right of common lodged- in the public at large to enter upon lands on which railroads are located, and over which they have secured the right of way. Such lands the railroad companies may inclose by fences if they choose to do so, and exclude any and all persons whomsoever. Their dominion over the same is no less complete or exclusive than that which every owner has over his property. If they do not choose to erect fences and make
In the case at bar, it must be conceded that the union passenger-station belongs to the railroad companies and not to the public at large. It is perfectly true that the use which such ownership carries is a public use, that is to facilitate and expedite the duties which their charters and the law impose on the owners. It would then follow that no orderly person entitled
Judgment affirmed.