Delaware, L. & W.R. Co. v. Stevens

• Citation: 172 F. 595
• Court: U.S. District Court — Northern District of New York
• Decision Date: 17 September 1909
• Parties: DELAWARE, L. & W.R. CO. v. STEVENS et al., Public Service Com'rs.

172 F. 595

DELAWARE, L. & W.R. CO. v. STEVENS et al., Public Service Com'rs.

United States Circuit Court, N.D. New York.

September 17, 1909

[Copyrighted Material Omitted]

F. W Thomson (W. S. Jenney, of counsel), for complainant.

Ledyard P. Hale, for defendants.

RAY District Judge.

The Public Service Commission of the state of New York was created by the statutes of the state with the powers and jurisdiction hereafter referred to. The Delaware, Lackawanna & Western Railroad Company is a railroad and public service corporation organized under and pursuant to the laws of the state of Pennsylvania, but owns, leases, and operates railroad lines in New Jersey, Pennsylvania, and the state of New York, amongst others a trunk line extending from Jersey City, state of New Jersey, through and across New Jersey, the eastern part of Pennsylvania, and the southern-central and western part of the state of New York, terminating at Buffalo, N.Y., where it has other connections extending into or through some of the states of the Middle West. It carries and transports express, United States mails, freight and passengers with their baggage, and does an extended and immense interstate trade and commerce business. By local, so-called, trains and others it does an interstate business between New Jersey and Pennsylvania, and Pennsylvania and New York. It also has trains and does an intrastate business in such transportation wholly in the state of New York. It has local trains and also through trains stopping only occasionally for fuel and water or to accommodate passengers from the great centers. In respect to the intrastate transportation wholly in the state of New York, the bill alleges that it is subject to the provisions of chapter 429, p. 889, Laws 1907, of the state of New York, except in so far as they may be repugnant to and invalid by the provisions of the Constitutions of the United States and the state of New York. The bill also alleges:

'Your orator further says: That it is now lawfully operating, and for many years last past has lawfully operated, a main trunk line of double-tracked railway, extending from Hoboken, N.J., in a northwesterly direction, through the states of New Jersey, Pennsylvania, and New York, via Paterson, N.J., Dover, N.J., Scranton, Pa., Binghamton, Elmira, and Owego, N.Y., to Buffalo, in the state of New York. That said line of railroad constitutes one of the principal arteries, through which ebbs and flows an immense interstate commerce-- the interstate transportation of passengers and property from Buffalo and points west thereof to the seaboard. That upon said trunk line of railway the complainant has installed and for many years last past maintained and operated, and is still maintaining and operating, a fast through interstate passenger service from Hoboken to Buffalo, and with its connecting lines, to Chicago, and other points in the West, and from Buffalo, and, with its connecting lines, from Chicago and other points in the West, to Hoboken. That trains Nos. 9 and 12 hereinafter referred to are, among others, employed in such through service. That said trains are specially designed and equipped for such service, and the great bulk of the business thereof consists of such through interstate travel. That said train No. 9, which is a west-bound train, is obliged to run at a high rate of speed in order to make connections at Buffalo with lines running to points west thereof. That the east-bound trains performing such through service, including No. 12 hereinafter referred to, are companion or return trains, making equally fast or nearly as fast schedule time. That complainant's said line of railroad from Dover, N.J., through New Jersey and Pennsylvania, to the New York state line, passes through a rough, mountainous country, and surmounts between Stroudsburg and Scranton in each direction a grade of eighty (80) feet per mile. Taking into consideration said facts, and the fact that trains are peculiarly subject to delay while traversing such country, especially in winter seasons, the running time of said trains cannot with safety be materially reduced. That, in order to maintain the necessary schedules for the operation of said interstate trains, it is impossible and wholly impracticable to stop at all stations, and that said trains only stop regularly at junction points and at such points of importance which are necessary and which justify said stops.'

The bill also sets out the stops of interstate trains Nos. 9 and 12, and the reasons and necessity therefor. No stop of either of the trains at Dansville, N.Y., is made or provided for. The bill also sets out the fact that in carrying United States mail under contract with the government and also passengers, etc., going to distant points, it is compelled to run these trains at a high rate of speed, and make as few stops as possible so as to make important and necessary connections. Dansville is a small village of about 3,500 inhabitants situated on complainant's railroad about 76 miles east of Buffalo. Since February 1, 1905, five passenger trains per day on complainant's road have stopped at Dansville going west to Buffalo, two in the morning and three in the afternoon, and five passenger trains have stopped per day at Dansville going east from Buffalo, three in the morning and two in the afternoon. The total number of passengers between Dansville and Buffalo in both directions for the year ending June 30, 1908, per month was 558, or 18.3 passengers per day, or an average of less than 2 passengers for each train. There is no commuter travel or travel by person obliged to be present in Buffalo on business or otherwise daily. This has been the business practically since February 1, 1895. Prior to the making of the order complained of, the board of trade of Dansville entered a complaint to the said Public Service Commission, alleging (1) that the inhabitants of the village had frequent occasion to travel from Dansville west to Buffalo and intermediate points and return, and east to Elmira and intermediate points and return; (2) that the arrangement of time schedules on the road of the Delaware, Lackawanna & Western Railroad Company for passenger trains between Buffalo and Elmira, Dansville being an intermediate point, was such that trains which stop at Dansville to take on or let off passengers do not afford to the residents of such village adequate and convenient service; also (3) that formerly it was the practice of the company to afford to Dansville the daily service and accommodation of interstate passenger train No. 9 bound for Buffalo leaving Dansville at about 6 a.m., and reaching Buffalo at 7:45 a.m., whereas now the only morning passenger train to Buffalo, No. 7, leaves at the inconvenient hour of 4:42 a.m. and reaches Buffalo at 7 a.m.; also (4) that formerly it was the practice of the company to afford to the citizens of Dansville the daily service and accommodation of the interstate passenger train No. 12 south-bound to Elmira leaving Dansville at 10:30 p.m., and reaching Elmira at 12:12 midnight, while at the present time the only south-bound passenger service after 7:16 p.m. is by train 14, leaving Dansville at 1:20 a.m. and reaching Elmira at 3:04 a.m. The complainant alleged the interstate character and business of these trains. The complainant also stated:

'That the withdrawal of the former service afforded by the trains Nos. 9 and 12, as aforesaid, is unjust, unreasonable, and discriminatory, and works great hardship and loss upon the residents of Dansville, and that the stops of said trains at Dansville should be restored or corresponding independent service should be provided. That, by reason of the premises, defendant has been and is subjecting complainant and the residents of Dansville, N.Y., to undue and unreasonable prejudice and disadvantage and unjust discrimination, and depriving residents of Dansville of reasonable and adequate train service, in violation of the provisions of the Public Service Commissions law, chapter 429, p. 889, of the Laws of 1907 of the state of New York.'

The relief demanded was:

'Wherefore complainant prays that the defendant be required to promptly answer the charges herein; that, after due hearing and investigation, an order be made commanding said defendant to wholly cease and desist from the aforesaid violation of the provisions of said law, and to the full extent thereof; that a further order be issued requiring said defendant to operate passenger trains which shall afford service for the residents of Dansville, north-bound and south-bound, at or about the same time of day that was formerly afforded by the trains designated as Nos. 9 and 12, aforesaid, and that such other and further order or orders may be entered as the commission may deem necessary in the premises and the complainant's cause may appear to require.'

To this complaint the railroad company answered (1) that the residents of Dansville had occasion to travel by rail from Dansville to Buffalo westward and eastward to Elmira. It then set out the present train service in detail, showing passenger trains leaving Dansville for Buffalo and Elmira, and from those parts to Dansville as follows:

West-Bound:

Train # 15 leaves Dansville 11:13 a.m. Arrives Buffalo 1:05 p.m.

Train # 27 leaves Dansville 3:27 p.m. Arrives Buffalo 6:00 p.m.

Train # 3 leaves Dansville 6:14 p.m. Arrives Buffalo 7:58 p.m.

Train # 5 leaves Dansville 11:48 p.m. Arrives Buffalo 1:45 a.m.

Train # 7 leaves Dansville 4:42 a.m. Arrives Buffalo 7:00 a.m.

East-Bound.

Train # 2 leaves Buffalo 3:15 a.m. Arrives Dansville 5:15 a.m.

Train # 28 leaves Buffalo 8:00 a.m. Arrives Dansville 10:20 a.m.

Train # 8 leaves Buffalo 5:30 p.m. Arrives Dansville 7:26...