Bartonville Bus Line v. Eagle Motor Coach Line

• Decision Date: 22 June 1927
• Docket Number: No. 18206.,18206.
• Citation: 326 Ill. 200,157 N.E. 175
• Parties: BARTONVILLE BUS LINE v. EAGLE MOTOR COACH LINE.
• Court: Illinois Supreme Court

326 Ill. 200

157 N.E. 175

BARTONVILLE BUS LINE

v.EAGLE MOTOR COACH LINE.

No. 18206.

Supreme Court of Illinois.

June 22, 1927.

The Commerce Commission granted a certificate of convenience and necessity to the Eagle Motor Coach Line to operate motorbusses between particular points, and, from a judgment of the circuit court affirming such action of the commission, the Bartonville Bus Line appeals.

Reversed, and cause remanded.Appeal from Circuit Court, Peoria County; John M. Niehaus, judge.

Barnett, Wilson & Tichenor, and Robert Scholes, all of Peoria, for appellant.

Victor P. Michel, of Peoria, for appellee.

HEARD, C. J.

This is an appeal by the Bartonville Bus Line, a corporation, from a judgment of the circuit court of Peoria county, affirming an order of the Illinois Commerce Commission,granting a certificate of convenience and necessity to appellee, the Eagle Motor Coach Line, a corporation, to operate motorbusses for the transportation of passengers and baggage, for hire, over and along state bond issue route No. 9, between the city of Peoria and the city of Canton, via the towns of Bartonville, Hollis, Mapleton, Kingston Mines, Banner, and Monterey. Theretofore, on January 27, 1925, acertificate of convenience and necessity had been issued by the Commerce Commission to appellant to operate motorbusses for the transportation of passengers from Peoria to Pekin by way of Adams street, in the city of Peoria, to the village of Bartonville, in a southerly direction, connecting with state bond issue routes 9 and 24, through the villages of South Bartonville, Sucrene, Straesser Sholl, Tuscarora, and Hollis to Orchard Mines, thence to Pekin. The original application of appellee in the proceedings appealed from, filed November 25, 1924, was to operate a motor carrier for the transportation of persons and parcels between Peoria, Bartonville, Hollis, Mapleton, Kingston Mines, Banner, Monterey, Canton, and other towns between there and Rushville. Appellee dismissed its petition as to the extension from Canton to Rushville. On June 4, 1925, appellant filed its application for a certificate of convenience and necessity to operate a motor carrier for the transportation of passengers between Pekin, Orchard Mines, Mapleton, Kingston Mines, Banner, and Canton. It will be observed that the two certificates covered a portion of the same territory-i. e., from Peoria to Hollis, through Bartonville. From Hollis, appellant's route extends in a southeasterly direction about 3 miles across the Illinois river to Pekin, while appellee's route extends in a southwesterly direction, north of the Illinois river, to Canton, a distance of about 22 miles. Hollis is about nine miles from Peoria. Appellant's schedule between Peoria and Pekin calls for twenty-four trips each way daily. It is equipped with eleven busses and has a garage at Bartonville.The traffic between Peoria and Pekin is a heavy local traffic, which the evidence shows is amply served by appellant. The evidence does not show that this traffic would sustain two competing lines. The traffic originating at Canton, and places between Canton and Hollis, is largely a through traffic to Peoria. In the city of Peoria appellee's route parallels a street car system of the Illinois Power & Light Company to the city limits.

[1][2][3][4] It is the policy in this State, established by legislation for the regulation of all public utilities, to provide the public with efficient service at a reasonable rate, by compelling an established public utility occupying a given field to provide adequate service and at the same time protect it from...