In re Application of Union Pacific Railroad Co., 7121

• Decision Date: 07 October 1943
• Docket Number: 7121
• Citation: 142 P.2d 575,65 Idaho 221
• Parties: IN THE MATTER OF THE APPLICATION OF THE UNION PACIFIC RAILROAD COMPANY, A CORPORATION, APPELLANT, FOR LEAVE TO DISCONTINUE AGENCY AT FRANKLIN, IDAHO
• Court: Idaho Supreme Court

142 P.2d 575

65 Idaho 221

IN THE MATTER OF THE APPLICATION OF THE UNION PACIFIC RAILROAD COMPANY, A CORPORATION, APPELLANT, FOR LEAVE TO DISCONTINUE AGENCY AT FRANKLIN, IDAHO

No. 7121

Supreme Court of Idaho

October 7, 1943

Rehearing denied November 15, 1943.

1. Railroads

Income from business done at village station on great transportation system is not entitled to major consideration in passing upon application for discontinuance of station agency.

2. Railroads

Rights of public utility and the public must be considered in determining in any particular case what constitutes "adequate, efficient, just and reasonable service", since a particular service by a public utility may be reasonable in a small noncommercial community which would be wholly inadequate and inefficient in a commercial or manufacturing community.

[65 Idaho 222]

3. Railroads

Findings and orders of Public Utility Commission on railroad's application to discontinue an agency service at a particular station, if supported by competent evidence, will be binding upon the court, and will be reversed only when it is shown that the commission has abused its discretion or failed to follow the law.

4. Railroads

Evidence that discontinuance of agency service at station would compel passengers to flag train and purchase their tickets on the train, inbound shipments and many outbound shipments would have to be prepaid, that a shipper filling government orders anticipated 20 per cent increase in business, and that telegraph operator could not be sent to any other station to render more necessary service because of union affiliation and seniority rights, supported Public Utilities Commission's determination denying discontinuance of agency service.

Rehearing denied November 15, 1943.

Appeal from the Public Utilities Commission of Idaho. Proceeding in the matter of the application of the Union Pacific Railroad Company for leave to discontinue agency at Franklin, Idaho. From an order of the state Public Utilities Commission denying its petition, the company appeals.

Order affirmed.

Geo. H. Smith, H. B. Thompson and L. H. Anderson, for appellant.

In arriving at a conclusion as to what constitutes adequate, efficient, just and reasonable service the relative rights of the utility and the public must be considered. (Murray v. Public Utilities Commission, 27 Ida. 603, 150 P. 47, L.R.A. 1916 F. 756; Taylor v. Union Pacific R. Co., 60 Ida. 185, 89 P.2d 1005.).

The grievance of one or two shippers or receivers of freight does not constitute the grievance of the public or establish an inconvenience of the public. (Seward v. Denver R.G.R. Co., (N.M.) 131 P. 980, 46 A.L.R. (N.S.) 242; San Juan Coal Coke Co. v. Sante Fe S.J.N.R.R., (N.M.) 35 N.M. 336, 298 P. 663; Kurn v. State, (Okla.) 1937 OK 144, 179 Okla. 440, 66 P.2d 52; Town of Grenville, (N.M.) 46 N.M. 3, 119 P.2d 632.

The services to be furnished need only be reasonably adequate to the requirements of the station and commensurate with the patronage and receipts from that portion of the service to whom the service is rendered. (Sec. 59-302, I.C.A.; In the Matter of the Application, 64 Ida. 529, 134 P.2d 599; Lowden v. State, (Okla.) 1940 OK 124, 186 Okla. 654, 100 P.2d 890; Denton Brothers v. Atchison T. & S. F. R. Co., (N.M.) 34 N.M. 53, 277 P. 34; Southern Railway Co. v. Public Service Commission, (S.C.) 195 S.C. 247, 10 S.E.2d 769.).

A requirement to furnish more service than would be reasonably adequate would not be an act of regulation but the substitution of the Commission for the governing officials of the carrier and their judgment as to policy and operation in place of the officials of the corporation. (State v. Union Pacific R. Co., 60 Ida. 185, 89 P.2d 1005; Kurn v. State, (Okla.) 1935 OK 1049, 175 Okla. 379, 52 P.2d 841.).

P. J. Evans, for protestants.

Bert H. Miller, Attorney General, and Ariel L. Crowley, Assistant Attorney General, for the Public Utilities Commission.

Findings of fact made by the Public Utilities Commission, if supported by competent evidence, are binding on the Supreme Court. (State v. Union Pacific R.R. Co., 60 Idaho 185, 89 P.2d 1005; 60 Ida. 185, 89 P.2d 1005; Nez Perce Roller Mills v. P.U.C.I., 34 P.2d 972, 54 Ida. 696; Mountain View Rural Tel. Co. v. Interstate Telephone Co., 55 Ida. 514, 46 P.2d 723.).

The burden of justifying a change by which service is diminished is upon the railroad company; and unless such burden is sustained, the application is properly denied. (Re Chicago I & L. R. Co., P.U.R. 1929C, 255; Re Portland R. Co., P.U.R. 1928E, 300; Re Androscoggin & K. R. Co., P.U.R. 1928E, 347; Southwest Mo. R. Co. v. P. S. C., P.U.R. 1920D, 351; Re Southern N. Y. P. & R. Corp., P.U.R. 1919F, 700.).

While there is no absolute duty to maintain an agency station, there is an absolute duty to refrain from undue and unreasonable discrimination between places; whence it follows that a change from the established equality must be in the interest of avoiding discrimination and the burden of showing the propriety of the change is upon the railroad. (Logan v. Chicago etc. R. Co., 2 I.C.C. 604, 2 I.C.R. 431; Residents of Royalton v. Central Vt. Ry. Co., 100 Vt. 443, 138 At. 782.).

In determining the propriety of agency abandonments, the courts havie given consideration to trends in over-all revenues. The cases in which discontinuances have been granted are uniformly cases where revenues are decreasing, not increasing as in this case. (Ill. Cent. Ry. Co. v. Illinois Commerce Commission, 32 N.E.2d 146, 375 Ill. 585; State v. Chicago N.W. R.R. Co., 297 N.W. 715.).

GIVENS, J. Holden, C.J., and Ailshie, Budge, and Dunlap, JJ., concur.

OPINION

[65 Idaho 224] GIVENS, J.

--Appellant, Union Pacific Railroad Company, filed with the Public Utilities Commission of Idaho an application asking leave to discontinue its agency and reporting station at Franklin, Franklin County...