Illinois Cent. R. Co. v. Louisiana Public Service Commission

• Decision Date: 12 December 1960
• Docket Number: No. 45064,45064
• Citation: 240 La. 854,125 So.2d 387
• Parties: ILLINOIS CENTRAL RAILROAD COMPANY v. LOUISIANA PUBLIC SERVICE COMMISSION et al.
• Court: Louisiana Supreme Court

Page 387

125 So.2d 387

240 La. 854

ILLINOIS CENTRAL RAILROAD COMPANY v. LOUISIANA PUBLIC SERVICE COMMISSION et al.

No. 45064.

Supreme Court of Louisiana.

Dec. 12, 1960.

Rehearing Denied Jan. 9, 1961.

Urchie B. Ellis, Chicago, Ill., Breazeale, Sachse & Wilson, Baton Rouge, for plaintiff-appellant.

Jack P. F. Gremillion, Atty. Gen., Joseph H. Kavanaugh, Baton Rouge, for defendants-appellees.

SANDERS, Justice.

Plaintiff, Illinois Central Railroad Company, petitioned the Louisiana Public Service Commission for a certificate of public convenience and necessity to provide auxiliary and supplemental motor service parallel to its railroad lines between New Orleans and the Mississippi state line, and between Hammond and Baton Rouge. After hearing, the Commission issued Order No. 7911 denying the application of plaintiff for the reason that the public convenience and necessity would not be materially promoted thereby. On review in the district court, this order was affirmed. Plaintiff has appealed to this Court contending that the denial of its application is a gross abuse of the discretion vested in the Commission.

In this suit, plaintiff seeks authorization to operate regular route common carrier motor service in the transportation of freight, including mail, express, and baggage, over U.S. Highway 190 between Baton Rouge and Hammond, and over U.S. Highways 51 and 61 between New Orleans and the Mississippi state line via Hammond. Plaintiff alleges that the proposed service, using its established depot and agency facilities, will be auxiliary and supplementary to the existing railroad service and hence will provide a more convenient, efficient and economical local freight service to stations on its rail lines, particularly in the case of less that carload shipments.

Of the several protestants ¹ who appeared at the hearing, only one, Garig Transfer, Inc., claimed to have rights over the entire route here involved.

In affirming the order of the Commission denying plaintiff's application, the district court found from the evidence that there was an existing certificate over the route sought and concluded that, under the provisions of LSA-R.S. 45:164, ² the plaintiff had not clearly shown that public convenience and necessity would be materially promoted by the granting of an additional certificate.

Obviously the trial judge was of the opinion that the evidence of the service rendered under the certificates of Garig Transfer, Inc. and the other protestants outweighed the testimony produced by plaintiff as to the inadequacy of the present system. However, in his written reasons for judgment, the district judge recognized that the evidence unmistakably established that if the railroad were granted the certificate it could in fact serve its patrons more economically and satisfactorily.

It has been suggested in brief and argument before this Court that, subsequent to the district court's decision, Garig Transfer, Inc., suspended operations. Although it appears from the record that this company holds a certificate over portions of the same route sought herein, the exact scope of this certificate and the extent of the service actually offered is not disclosed. Also suggested in brief in this Court is the fact that, since the judgment of the district court, four of the other protestants ³ herein have made application to the Commission for certificates of public convenience and necessity over this route.

Based on the present record, this Court is unable to determine whether the operations of the competing carrier, Garig Transfer, Inc., have actually been suspended and, if so, the effect of such suspension on the adequacy of existing service.

Under the authority of Article 906 of the Code of Practice, this Court has on...