Delaware, L. & W.R. Co. v. Van Santwood

• Decision Date: 14 July 1914
• Citation: 216 F. 252
• Parties: DELAWARE, L. & W.R. CO. v. VAN SANTWOOD et al., Public Service Commission of Second District of New York.
• Court: U.S. District Court — Northern District of New York

216 F. 252

DELAWARE, L. & W.R. CO. v. VAN SANTWOOD et al., Public Service Commission of Second District of New York.

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

July 14, 1914

F. W Thompson, of New York City, for complainant.

L. P Hale, of Albany, N.Y., for defendants.

RAY District Judge.

The complainant is a corporation of the state of Pennsylvania and engaged principally in interstate commerce and transportation of both freight and passengers. It does considerable intrastate business.

The city of Oswego, with a population, in 1910, of 23,368, is situated on Lake Ontario, at the mouth of the Oswego river and is distant from the city of Syracuse some 35 miles, which has a population of some 180,000 and is situated on the main lines of the New York Central & Hudson River Railroad Company. In 1865, the city of Oswego had a population of 19,288. The intervening towns are Fulton, 24 miles from Syracuse and 11 miles from Oswego, with a population of 10,480; Baldwinsville, 12 miles from Syracuse, with a population of 3,099; South Granby, 19 miles from Syracuse, with a population of 84; Lamson, 16 miles from Syracuse, with a population of 750. In addition, there is Little Utica off the line and west of Lamson 3 miles, with a population of 100, and Lysander with a population of 305 situated five miles west of Lamson. There is considerable manufacturing at Oswego, Fulton, and Baldwinsville, substantially none at the other points, except Syracuse, and the surrounding country is made up of farms of ordinary fertility. Each of the places named has a post office.

The two trains in question had been run by the complainant some years prior to their discontinuance. At the time of such discontinuance and also at the time of the making of the order complained of, there was the following service by steam operated roads between Oswego and Syracuse, viz.: By the Delaware, Lackawanna & Western Railroad running through Fulton, Baldwinsville, Lamson, and South Granby, four trains each way daily; by the New York Central & Hudson River Railroad by way of Fulton and Phoenix, four trains each way daily; by New York, Ontario & Western, through Fulton to Oneida, there connecting with the New York Central & Hudson River, two trains each way daily; and by the Empire Railways Company, a trolley line, running cars through Fulton and Baldwinsville at least every half hour for the day and part of the night. It is evident that, considering the population to be served, eight steam operated trains each way with a trolley car every half hour in addition was more than what was necessary for Syracuse, Baldwinsville, and Fulton. Lamson and South Granby had the four D. and L. steam trains and were within three miles from the trolley line. Lysander and Little Utica are off the line entirely from 3 to 6 miles. By discontinuing the two trains in question Lamson and South Granby and passengers coming from Lysander and Little Utica were deprived of the two steam trains each way, but could be served by the trolley line in cases of necessity by some travel by ordinary road.

This line of road from Syracuse to Oswego while leased and operated by the Delaware, Lackawanna & Western is a separate corporation. It is seen that Oswego and Fulton are each a competitive point for the four roads named, and South Granby, Lamson, and Little Utica and Lysander for the Delaware, Lackawanna & Western and the trolley line.

In 1884, the gross revenues of the Delaware, Lackawanna &amp Western for operating these four trains each way between Syracuse and Oswego were $103,660.37. The trolley line was not then in operation. This revenue has steadily decreased until in 1912 it was for the same service only $36,111.36, a decrease of $67,549.01, for 1912, comparing 1884 with 1912. This was not due to any change of schedule. In 1890, the complainant carried 340,648 passengers on this line between Syracuse and Oswego, an average haul of 12 miles and of 20 cents per mile revenue per passenger, while in 1912 the average haul per passenger was 11 miles and 21 cents revenue. For some years the complainant has been operating and running these four trains at a large loss. It cannot be denied that the running and operation of these two trains in question (ordered restored) and which are discontinued is wholly unnecessary for all the points and the principal points mentioned. For Lamson, South Granby, Little Utica and Lysander, their running would be convenient for ...