238 Minn. 218 | Minn. | 1952
Appeal from a judgment entered pursuant to an order of the district court of Hennepin county directing on the pleadings the issuance of a peremptory writ of mandamus to compel the Minneapolis Street Railway Company forthwith to restore the streetcar schedules and service on certain of its lines to those in effect as of May 4, 1950.
The parties will be referred to herein as the city and the company.
The petition for an alternative writ of mandamus and the writ itself set out substantially the following facts. The company as of May 4, 1950, had established and was maintaining a system of streetcar routes and schedules of its own choice. The city council on May 4, 1950, adopted the following resolution:
“The City Council hereby fixes and establishes as regular routes and schedules those regular routes and schedules being maintained by the Minneapolis Street Railway Company as of May 4, 1950. The Company shall not change, amend, curtail or discontinue any of its regular street car routes or schedules in effect on May 4, 1950, until and unless the City Council shall approve such change, amend*220 ment, curtailment or discontinuance, after notice given as hereinafter provided. Such notice must he filed with the City Council at least fourteen days prior to the time when said company desires to put into effect any proposed amendment, change, curtailment or discontinuance in street car routes, or schedules, and shall contain the reasons why such amendment, change, curtailment or discontinuance is necessary.”
On or about May 8, 1950, the company was notified of the adoption of the resolution and served with a copy thereof. According to the petition and writ the company, subsequent to May 4, 1950, violated the provision of the resolution by curtailing, discontinuing, amending, and changing its regular streetcar routes and schedules on certain specifically described lines without the consent or approval of the council. The council thereupon on January 11, 1952, adopted a resolution declaring that the service on such lines, which had been curtailed, discontinued, amended, or changed without the approval of the council, should be restored to the service as of May 4, 1950, by February 1, 1952, and that no further changes, amendments, curtailment, or discontinuance in service should be made without the consent of the council. The company was notified of the council’s action. The petition and alternative writ further set out that the council, since its action of May 4, 1950, has not consented to or approved' of any curtailment, discontinuance, amendment, or change by the company in the service of any of the streetcar lines specifically mentioned except when the council on June 9, 1950, took action to grant the request of the company for discontinuance of certain owl service on the Lake street line. It is alleged that, notwithstanding such lack of consent or approval and in violation of the council’s action of May 4, 1950, the company has curtailed, discontinued, amended, and changed the service and has failed and neglected to operate thereon a sufficient number of cars to fully comply with all schedules required by the council or to adequately accommodate the traveling public and in these and other respects has failed and neglected to furnish reasonable and adequate service and facilities for the accommodation of the traveling public.
The city moved the court for an order for judgment in its favor on the pleadings for the relief prayed for in the petition, namely for a peremptory writ of mandamus, on the ground that the company in its return and answer has not pleaded or asserted any defense to the city’s right to relief so prayed for and specified.
On June 27, 1952, the court granted the city’s motion for judgment on the pleadings. It ordered that a peremptory writ of mandamus issue out of the court commanding that the company forthwith restore the streetcar schedules and service on the specific lines mentioned to those in effect as of May 4, 1950. The company appeals from the judgment entered upon said order.
“A stay of the order herein is granted to give the respondent [the company] an opportunity, if it so desires, to petition the city council for a hearing with respect to matters recited in its answer and return, or to follow such other procedure as it may deem advisable. The Court is of the view that the council resolution of May 1, 1950, approving the respondent’s regular routes and schedules and establishing a procedure for the consideration of changes therein, was not unreasonable. Respondent failed to follow that procedure. The Court does not hold that respondent has no right to test the reasonableness of the order of the city council in the light of present conditions, but that it is under the duty to make application to the council before seeking relief from the courts.”
In this action, the city seeks to compel the company to establish certain streetcar schedules which were in effect on May 1, 1950. It was successful in the lower court. The company by this appeal seeks to have the judgment entered in the district court, granting judgment on the pleadings, reversed and to have the case remanded for trial on its merits.
Since the court ordered judgment on the pleadings in favor of the city, the allegations of the answer interposed by the company must be accepted as true and stand as admitted. State ex rel. Erickson v. Magie, 183 Minn. 60, 235 N. W. 526, 84 A. L. R. 1111. Also, on a motion for judgment on the pleadings, the pleading attacked will be given a most liberal construction, even more so than on a demurrer. 2 Pirsig’s Dunnell, Minn. PI. (3 ed.) § 1660. The reason for a more liberal construction of the pleading on such a motion is stated in Ames v. Brandvold, 119 Minn. 521, 138 N. W. 786. See, also, Bell v. Friedman, 161 Minn. 106, 201 N. W. 614; Gostomezik v. Gostomezik, 191 Minn. 119, 253 N. W. 376.
In the recent case of Minneapolis St. Ry. Co. v. City of Minneapolis, 229 Minn. 502, 40 N. W. (2d) 353, the history of the company and its obligations were covered in detail. Also the power and authority of the city and the Minnesota railroad and ware
Chapter 12, § 2, of the charter of the city of Minneapolis (Minneapolis City Charter and Ordinances [Perm, ed.]) states:
* * The Council shall have power to regulate reasonably construction and operation and may, from time to time, require reasonable improvements and service.” (Italics supplied.)
Section 12 of the original franchise of the company (Minneapolis City Charter and Ordinances [Perm, ed.] 61:1-12) sets out:
“It shall be the duty of such company to furnish and run a sufficient number of cars to accommodate the traveling public on all streets which they shall use or occupy for railroad purposes.” (Italics supplied.)
And in the so-called Brooks-Coleman Act, L. 1921, c. 278, § 4 (M. S. A. 220.09), it is provided:
ecu * * The council shall have authority to prescribe reasonable requirements, * * * of service and operation * * * and shall have the right at all times and in all respects to exercise reasonable control over such service and operation and * * * the right to fix and amend service schedules, * * * and such street railway shall * * * in these [enumerated requirements] and all other respects furnish reasonable and adequate service * * *.” (Italics supplied.)
Thus it appears clearly from the original franchise, the charter of the city, and the provisions of the Brooks-Coleman Act that all regulatory measures must be based on reasonableness.
In view of the above stated legal propositions, namely, that where the court orders judgment on the pleadings the allegations of the answer must be accepted as true and stand as admitted and further that on a motion for judgment on the pleadings the pleading attacked will be given a most liberal construction, we must examine the allegations of the answer and determine what facts must be accepted as true and stand as admitted. The answer first alleges
Having in mind the above pleaded facts, which must be accepted as true and stand as admitted, and having also in mind the provisions of the original franchise, the city charter, and the Brooks-Coleman Act, which provisions we have already quoted, and which limit the regulatory power of the city to such requirements as are reasonable, it is apparent to us thát the court, in ordering judgment on the pleadings, overstepped its power. There can be no doubt that
The regulation of streetcar schedules and service comes within the field of police power regulation. In Minneapolis St. Ry. Co. v. City of Minneapolis, 229 Minn. 513, 40 N. W. (2d) 360, we said:
“* * * such power may be, as was done here, contractually restricted to the field of police power regulation, which is always subject to a judicially enforceable standard of reasonableness (Italics supplied.)
In State ex rel. City of St. Paul v. St. Paul City Ry. Co. 122 Minn. 163, 142 N. W. 136, the city of St. Paul brought an action in mandamus to compel the railway company to comply with an ordinance of the city directing the construction of a new line. The city demurred to the company’s answer. This court said (122 Minn. 168, 142 N. W. 138):
“In the case at bar we have only to determine whether defendant’s answer, as against a general demurrer, presents an issue of unreasonableness.”
We said that an order or determination by proper authority that public interests require a particular exercise of the police power is presumptively valid not only as respects the question of public necessity but the reasonableness of the order as well. This presumption of validity, however, is not conclusive.
*227 “* * * The question whether a particular act or thing required by the public authorities in this respect is arbitrary and unreasonable is a judicial question * * * and may be raised by the person proceeded against * * * by way of defense in mandamus proceedings to compel the performance of the thing required.” (122 Minn. 168, 142 N. W. 138.)
This court further said that the burden was upon the complaining party to establish the allegations of unreasonableness but that in that instant case, the court was required only to determine whether defendant’s answer, as against a general demurrer, presented an issue of unreasonableness. We then said (122 Minn. 170, 142 N. W. 138):
“* * * While the allegations are not as complete and specific as they might perhaps have been made, we are of opinion, within the rule guiding the determination of the sufficiency of pleadings when challenged by general demurrer, (2 Dunnell, Minn. Dig. § 7724) that an issue in respect to the question of reasonableness is presented, and should be determined as other issues of fact are determined.”
The allegations in the company’s answer in the instant case are almost identical to those pleaded in the above case. See, also, State ex rel. City of St. Paul v. St. Paul City Ry. Co. 117 Minn. 316, 135 N. W. 976, Ann. Cas. 1913D, 139. In State ex rel. City of Duluth v. Duluth St. Ry. Co. 179 Minn. 548, 552, 229 N. W. 883, 884, we said:
“* * * On the contrary, those vested with such authority and power must be actuated by a desire to be fair and just. They cannot act unreasonably or arbitrarily. * * *
“Upon a consideration of all the evidence in the case, we reach the conclusion that it clearly appears that public convenience and necessity did not require the construction of the proposed extension and that the order therefor was arbitrary and unreasonable. Hence the writ should not issue.”
The answer alleges that the company made certain changes in its schedule after May 4, 1950, that in each instance it notified the
The answer also alleges that each of such changes has been appropriate and proper in connection with the number of passengers at the time of the change. This fact must be taken as true and stand admitted.
The trial court was, therefore, mistaken when it stated in its memorandum that the company failed to comply- with the procedural requirement of the May 4, 1950, resolution. Under the pleadings, all procedural requirements were complied with by the company.
The company contends that the failure of the city to take action to approve or disapprove each application as it came up had the legal effect of approving the same. The city certainly did not disapprove each application for change of schedule as it came in and its approval of, or consent to, each application can be argued only
As has been pointed out, the answer and return raise the issue of unreasonableness. That issue cannot be disposed of by an order granting judgment on the pleadings but must be determined on evidence presented. If the company, under the rules, fails to substantiate its allegations, then, of course, a writ should issue.
For reasons stated, we are of the opinion that the court erred in granting judgment on the pleadings.
Judgment reversed.