91 N.J. Eq. 497 | N.J. | 1920
The general question raised is not new. The great weight of authority sustains the complainants. It is enough to cite Barney v. Oyster Bay Steamboat Co., 67 N. Y. 301; Old Colony Railroad Co. v. Tripp, 147 Mass. 35; New York, New Haven and Hartford Railroad Co. v. Scovill, 71 Conn. 136; 41 Atl. Rep. 246; Donovan v. Pennsylvania Co., 199 U. S. 279. It would serve no useful purpose to repeat the reasons so well stated in these cases. All that is required of us is to pass upon the effect of our own statutes.
1. The first act to require consideration is the Railroad act of 1903. Section 22 (Comp. Stat. p.fJ/230) enacts that any railroad company may erect a fence or other enclosure around its stations so as to prevent any persons other than passengers from coming near its trains and may exclude from such enclosures all persons except travelers. The acft is in substance the same as the act of 1839 (P. L. p. 170; Rev. Stat. p. 594) and antedates bjr ten jreai's the charter of the Central railroad. That railroad has therefore always had the right to exclude from its stations all persons except travelers, and the agents of the company. The importance of the enactment to the present purpose is that it demonstrates, if demonstration were needed, that the legislature could not have meant to require railroads to transport passengers beyond their own stations, for such transportation would require the entrance of others — hackmen and the like— to the station grounds. As the railroad business developed and towns increased in size a demand arose for cab' and omnibus service. This was a kind of public service which the railroads might well provide for the better accommodation of the traveling public. Even if they were without authority to do so under their charters, the case would come within the ruling of the United States supreme court in Jacksonville Railway Co. v. Hooper, 160 U. S. 514 (at p. 523). The court said: “Although the contract power of railroad companies is to be restricted to the general purposes for which they are designed, yet there are many transactions which are incidental or auxiliary to its main
■ The same result was reached by this court in Dodd v. Central Railroad Co., 82 N. J. Law 524; affirmed, on the opinion of our supreme court, 80 N. J. Law &6. The same view was reaffirmed by the United States supreme court in Robinson v. Baltimore and Ohio Railroad, 237 U. S. 84. The rule is applicable in the
2. What we have already said probably suffices to dispose of the argument that the making of an exclusive contract with the complainant is unjustly discriminatory within the prohibition of section 18 of the Public Utilities act. Supp. Comp Stat. p. 1280 pl. 17. The act can only refer to what the public utility is under a legal obligation to do, and cannot refer to what it is under no legal obligation to do. Much less can it operate to impose upon the railroad company an obligation to throw open its station and grounds which it is expressly authorized by the Railroad act to close to all but passengers. No right is here infringed since it is entirely open to passengers to employ any cabmen they wish. The injunction only prohibits soliciting on the station platform. The prohibition of the Public Utilities act is directed against unjust discrimination. It is well settled that pi’ovisions of that kind are not infringed where the railroad has undertaken to render services if in fact it need not render them. Interstate Commerce Commission v. Baltimore and Ohio Railroad, 145 U. S. 263; Baltimore and Ohio, &c., Railway v. Voight, 176 U. S. 498. For example, under the Interstate Commerce act it is not unjust discrimination to deliver freight free in one town and not in another. Interstate Commerce Commission v. Detroit, &c., Railway Co., 167 U. S. 633.
These views lead to an affirmance of the decree. The complainant is entitled to costs.
For affirmance — Swayzb, Trenchakd, Parker, Bergen, Min-l'DRN, ¿ALISCH, BLACK, Wl-IITE, plEPPENHEIMER, AcKERSON— 10.
For reversal — Williams, Taylor, Gardner — 3.