Chicago, Indianapolis And Louisville Railway Co. v. Railroad Commission of Indiana
| Decision Date | 23 May 1911 |
| Docket Number | 21,641 |
| Parties | Chicago, Indianapolis and Louisville Railway Company v. Railroad Commission of Indiana |
| Court | Indiana Supreme Court |
From Superior Court of Marion County (78,679); John L. McMaster Judge.
Suit by the Chicago, Indianapolis and Louisville Railway Company against the Railroad Commission of Indiana. From a judgment for defendant, plaintiff appeals.
Affirmed.
H. R Kurrie, W. L. Taylor and E. C. Field, for appellant.
Hanly McAdams & Artman, for appellee.
Certain shippers at Bloomington, Indiana, filed with the Railroad Commission of Indiana their petition against appellant and the Indianapolis Southern Railway Company, in which it was alleged that there is a physical connection between the lines of respondents in that city, and praying for an order requiring them to publish and file with the commission just and reasonable rates for switching carload traffic between their lines and all the industries of the city, and that they be required to apply said rates for two years to the movement of all traffic destined on either line at Bloomington from points in Indiana. On May 25, 1909, the petition was heard by the commission, and it entered a finding and order, in which it found respondents' switching tariffs unreasonable and discriminatory, as alleged in the petition, and ordered respondents to issue, publish and file with the commission switching tariffs for the city of Bloomington of $ 3 a car load for the movement of all commodities, which order was to be in effect for two years, commencing June 11, 1909. The order was to apply to the movement of all commodities in carloads from respondents' interchange track in the city to the several points of loading and unloading of the several industries located along the tracks and sidings of respondents, as indicated in their tariffs, and the order was also to apply for such time to the movement of such traffic from all such industries, etc., to such interchange track.
On June 14, 1909, appellant filed in the Superior Court of Marion County its complaint against the commission, in which it was alleged that said order was void, and praying that it be so declared, and that appellee be enjoined from taking any action to enforce it. While this complaint was pending, the commission issued an order, supplemental to the one issued on May 25, providing that neither of said respondents should be required, under the order, to furnish cars for outbound traffic loaded on its line, destined over the line of the other company, but in such cases the line that was to perform the transportation should furnish empty cars to the switching line at the junction point, to be by it taken to the point of loading and returned to the junction point; and providing also that the carriers shall not be required to perform such switching services in any case where such carrier can transport the freight to destination and point of delivery with reasonable dispatch, and at the same rate as the line offering the car, and at the time shall be prepared to perform the service. Appellant thereupon amended its complaint, setting out therein the modification of the original order.
To this complaint the commission filed an answer of general denial. There was a trial, special findings and conclusions of law thereon by the court and judgment for defendant, from which this appeal is prosecuted. The errors assigned are based on the action of the court in overruling appellant's motion for a new trial, and on each of its conclusions of law stated. Among the many facts found, the following are the most important: Appellant for many years before the bringing of the suit, owned and operated a line of steam railroad extending from Michigan City through Bloomington to New Albany, also one from Hammond to Indianapolis, one from Orleans to French Lick Springs, one from Bedford to Linton, and one from Wallace Junction to Linton, all in Indiana; that seventy-five per cent of appellant's traffic moves in interstate commerce; that appellant's railway is crossed by many other railways in Indiana, and physical connections have been made at such crossings for the interchange of carload traffic; that physical connection was made between respondents in 1905, since which time carload traffic has been interchanged there; that on April 28, 1909, appellant published and filed a switching tariff rate applicable to Bloomington Junction; that at that time two industries were located on the line of the Indianapolis Southern railway; that since January 1, 1907, there has been a car service rule in effect at Bloomington, fixing a charge of $ 1 a day for detention of each car over forty-eight hours in loading or unloading; that there were joint rates on coal in effect before the order of the commission was made; that there are on appellant's line three coal mines which produce bituminous coal, and are served alone by appellant; that there are coal mines on the Indianapolis Southern railway; that there are also mines on the Vandalia railway in Indiana, which road, on a joint rate and in connection with the Indianapolis Southern Railway Company, carries coal from such mines to Bloomington; that at no time has there been in effect any switching rate, whereby coal in carloads, arriving at Bloomington on the Indianapolis Southern railway on its local rate, or on the joint rate with the Vandalia Railway Company, could be switched from the junction point to industries on appellant's line at Bloomington; that no carloads of coal or stone have been switched; that on appellant's line at Bloomington are located industries that use great quantities of coal in carload lots; that the coal produced on the line of the Vandalia railway is somewhat superior in quality to that produced on appellant's line, but in the market and commercially the two kinds are substantially the same; that there are fifteen siding and spur-tracks connecting with appellant's main line at Bloomington; that ten of these tracks are known as private tracks, though maintained by appellant, and are used by appellant and industries located thereon, solely for the purpose of serving the various mills, yards and factories located thereon; that the remaining five tracks are variously designated in railroad parlance as "team tracks," "hauling tracks" and "public tracks," and are used in serving a few industries located thereon, those who have no place of business on the tracks, and the public generally; that the several mills, yards, factories and other industries--twenty-eight in number--located on appellant's sidings are wholly dependent on appellant to deliver to and take from them carload traffic coming in or departing over the Indianapolis Southern railway; that appellant and the Indianapolis Southern Railway Company are in active competition at Bloomington for traffic, and the rates fixed by them are substantially the same. The court found that the switching rates ordered by the commission were fair and reasonable. Under the assignment that the court erred in overruling appellant's motion for a new trial, appellant asserts that the lower court erred in failing to find that the facilities of appellant are insufficient to handle the business. The court made no finding on this matter.
The direct evidence on this subject was confined to two of appellant's witnesses--C. T. McHugh, trainmaster, and A. K. Helton, appellant's station agent at Bloomington. The former testified that Helton testified that appellant's facilities at Bloomington are not sufficient to handle the business of appellant, and have not been for three or four years; but he further testified that appellant did not use the tracks--the "private tracks"--named in the tariff for storing purposes, and said: "We do not intend to disturb these tracks." The lack of facilities complained of by appellant was track room.
Appellee contends that the lower court did not err because the complaint is too vague and indefinite, and, strictly construed, it could not be held to relate to anything else than the arrangements for handling the business to and from the tracks where it is to be loaded or unloaded. The part of the complaint relating to this subject is as follows "The plaintiff also avers that in constructing the facilities at Bloomington, it has only provided sufficient facilities to accommodate its own business, and it does not have facilities sufficient to handle the business of the Indianapolis Southern Railway Company." In the absence of a motion to make the complaint more definite and certain in this particular, it is sufficient. In the second place, appellee contends that the order of the commission does not require appellant to do anything except to desist from charging the old rate, and to substitute therefor the new rate for switching; that the commission found appellant at work, and merely fixed the price of its labor, and left it at work. This statement is not accurate. The court in its finding states "that on April 28, 1909, plaintiff published and filed with the commission its terminal tariff regulating the switching of carload traffic at the junction at Bloomington, and that it at no time had, in effect, any switching charge tariff, or terminal rate, at Bloomington, whereby coal in carloads arriving at Bloomington on the Indianapolis Southern railway on its local fifty-cent rate, or on the sixty-cent rate with the Vandalia Railway Company, could be switched from the junction point at Bloomington to industries located on the line of the plaintiff company. There was no switching rate on stone. In the order of the commission, which...
To continue reading
Request your trial