228 Pa. 575 | Pa. | 1910
Opinion by
Relying upon the provisions of the Act of June 4, 1883, P. L. 72, the plaintiffs brought this action against the Pennsylvania Railroad Company, to recover damages for injuries alleged to have been sustained by them, because of unlawful discrimination practiced against them by the defendant. The discrimination charged was the refusal to build at plaintiffs’ cost, and make connection with a siding to extend from the railroad to plaintiffs’ coal mine. The only means of shipping coal from plaintiffs’ mine was over the defendant’s branch road, and in order that cars might reach the mine it was necessary that the siding should be built and connected with the railroad. It appears from the evidence that in July,
The assignments of error are all to the charge of the court and the answers to points. Counsel for appellant contend in their argument that as the request for a siding was made by James H. Minds without disclosing the fact that he was acting as agent for his sons, the plaintiffs, the defendant company owed no duty to the latter. It appears, however, that in the requests made to the company for the siding connection, the mine for which the siding was desired and the place where the switch
It is also contended, on behalf of appellant, that a siding connection is not a facility for transportation within the meaning-of the act of 1883. It would seem as though this suggestion could hardly have been made seriously. A facility is anything which promotes ease of performance. It is difficult to imagine a facility more commonly used and recognized as necessary in the transportation of coal from the mines, than the side tracks or switches upon which the railroad cars are loaded. In P. & L. E. R. R. Co. v. Robinson & Rea, 95 Pa. 426, it was held that the law was correctly embodied in a point which set forth “that the defendant company is a common carrier; that its railroad is a public highway; that the plaintiffs have a right in law to construct on their land, upon said railroad, a suitable switch for the uses of their business, and connect the same with the tracks of the defendant company, subject to the general rules of the said company regulating such connection; and that the defendant com
In the present case, in plaintiffs’ fifth point, the rule for ascertaining the damages was thus stated: “The measure of the plaintiffs’ damage is the difference between the cost of mining and delivering the coal on the railroad cars, adding thereto the royalty paid under the lease, and the fair average selling price prevailing in the region where their mine was situate, during the period extending from and after the time when the railroad company, by the use of reasonable diligence, could have placed the switching connection, to November 1, 1904, when this action was brought, upon all coal which the jury find from the evidence, that plaintiffs could and would have been reasonably able to mine and sell, except for the refusal of the defendants to grant the plaintiffs the siding or switching connections asked for.” The trial judge answered as follows: “This point is affirmed, with what might be called a qualification. What the
Under the circumstances of this case, we do not see how any better or fairer rule for the ascertainment of the damages could have been suggested or applied. Objection is made upon the part of appellant to estimating the loss upon unmined coal, but this objection is fairly met in that portion of the opinion of the trial judge in overruling the motion for a new trial, in which he said: "Where the discrimination alleged against the common carrier was the refusal of a siding, as here, if the contention of the defendant is correct, there could practically be no damages, and the railroad company would be safe at all times in illegally refusing sidings. Coal cannot be mined except by virtue of a siding. Unmined coal, that is, coal which plaintiff was unreasonably prevented from
The question of the right of the plaintiffs to treble damages depends upon whether the act of June 4, 1883, has been repealed by either of the Acts of May 31, 1907, P. L. 352, and P. L. 354. We have considered this question, and disposed of it in the opinion handed down this day in Jackson v. Pennsylvania Railroad, ante, p. 566, and have there indicated our reasons for holding that the act of 1883 was not repealed by the acts of May 31, 1907, and that all the statutes in question rnay stand as part of a common purpose by the legislature, to make effectual the mandate of the constitution against discrimination by common carriers. The act of 1883 provides a remedy for the party injured; the later acts have no reference to parties discriminated against, but provide in the interest of the general public for proceedings at the instance of the commonwealth, through the attorney general, for attacking or restraining violations of the law in this respect. They also make such violation of the law a penal offense, punishable by a fine. The purposes of the different acts are not inconsistent, and we see no difficulty in construing them so that they may stand together, each for its appropriate purpose and use.
The assignments of error are overruled, and the judgment is affirmed.