Palmer Transfer Co. v. Anderson

Decision Date07 January 1909
Citation115 S.W. 182,131 Ky. 217
PartiesPALMER TRANSFER CO. v. ANDERSON.
CourtKentucky Court of Appeals

Appeal from Circuit Court, McCracken County.

"To be officially reported."

Suit by Harry Anderson against the Palmer Transfer Company. From a judgment for plaintiff, defendant appealed. Affirmed.

Wheeler Hughes & Berry and Crice & Ross, for appellant.

Bradshaw & Bradshaw, for appellee.

CLAY C.

Plaintiff Harry Anderson, the owner of a line of cabs, busses, and baggage wagons in the city of Paducah, instituted this action against the defendant, Palmer Transfer Company, a corporation engaged in a similar business, to enjoin the latter from interfering with him in the use of a certain plot of ground adjoining the approach to the Union Depot in Paducah, and also to recover damages for being deprived of the right to use the plot of ground. Defendant's demurrer to the petition being overruled, it then filed answer, denying the allegations of the petition and claiming that it had the right to use the plot of ground in question under and by virtue of a contract which it made with the Illinois Central Railroad Company, by the terms of which it agreed to meet all incoming and outgoing trains with its cabs and busses, and serve the traveling public in an orderly manner, and further bound itself to transport passengers and baggage from all parts of the city of Paducah at the rate of 25 cents for each passenger and 25 cents for each piece of baggage, and also to perform certain other covenants mentioned in the contract all of which defendant alleged it had fully and faithfully performed. By reply plaintiff alleged that the contract between the defendant and the railroad company gave to the defendant the exclusive use of a large part of the approach lying nearest to the depot and best equipped with improved walks, and thereby gave to the defendant a monopoly of the passenger and baggage carrying business to and from the depot, that on this account the contract relied upon by the defendant was against public policy, and therefore null and void. By amended petition, the plaintiff also charged that it was the duty of the railroad company to provide comfortable and convenient accommodations for the traveling public, and that it had failed to perform that duty to the public by granting the contract in controversy, which created a practical monopoly of the passenger and baggage carrying business. Depositions were taken, and the case submitted to the chancellor, who granted the injunction prayed for by plaintiff, but declined to give him any damages. From that judgment, the Palmer Transfer Company prosecutes this appeal.

The facts in this case are as follows: The Illinois Central Railroad Company and the Nashville, Chattanooga & St. Louis Railway Company have a union station in the city of Paducah. Leading southward from Caldwell street towards the depot building there is a roadway or approach 64 feet wide and 315 feet long. A platform or walkway extends along the south end of the roadway its entire width--64 feet. A sidewalk or platform of gravel or crushed stone, 15 feet in width, with concrete or stone curb, extends along the west side of the roadway its entire length of 315 feet. The roadway and the depot are between the main tracks of the two railroad companies. The passengers board or alight from the Illinois Central trains on the west side of the depot and roadway, and from the Nashville, Chattanooga & St. Louis trains on the east side thereof. The space occupied by the Palmer Transfer Company is on the west side of the roadway. This space is 32 feet wide, and extends from the south end of the roadway towards Caldwell street 150 feet. This space being taken out of the driveway leaves 32 feet on the east side and 115 feet on the west side that is open to public use. Out of the 32 feet, however, about 8 feet is occupied by the street car line, and, taking into consideration the danger of being near the street car line or the railroad tracks, the space left next to the depot building is about 20 feet. This 20 feet is fairly convenient of access and approach to the Nashville Chattanooga & St. Louis trains, but by far the larger portion of the traffic to and from the union depot is over the tracks of the Illinois Central. In order for passengers from the Illinois Central to reach the cabs or...

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14 cases
  • Black White Taxicab Transfer Co v. Brown Yellow Taxicab Transfer Co 13 16, 1928
    • United States
    • United States Supreme Court
    • April 9, 1928
    ...Court of Appeals of Kentucky held such contracts invalid in McConnell v. Pedigo, supra, and Palmer Transfer Co. v. Anderson, 131 Ky. 217, 115 S. W. 182, 19 L. R. A. (N. S.) 756, 133 Am. St. Rep. 237. Invalidity of a similar contract was assumed arguendo in Commonwealth v. Louisville Transfe......
  • Red Top Taxicab Co. v. Terminal R. Ass'n of St. Louis
    • United States
    • United States State Supreme Court of Missouri
    • March 29, 1929
    ...common law. Cravens v. Rodgers, 101 Mo. 247; K. C. Term. Ry. Co. v. James, 298 Mo. 497; McConnell v. Pedigo, 92 Ky. 465; Palmer Transfer Co. v. Anderson, 131 Ky. 217; Conn. v. Transfer Co., 181 Ky. 305; Ry. Co. Dohn, 153 Ind. 10; State v. Reed, 76 Miss. 211; Ry. Co. v. Langlois, 9 Mont. 419......
  • Mader v. The City of Topeka
    • United States
    • United States State Supreme Court of Kansas
    • May 8, 1920
    ...... held unreasonable. The petitioner relies upon the Salvation. Army case ( Anderson v. City of Wellington, 40 Kan. 173, 19 P. 719), and kindred cases. In that case an ordinance. ... material advantage over others. ( City Cab, Carriage. & Transfer Co. v. Hayden, 73 Wash. 24, 131 P. 472.). . . Is the. ordinance invalid because it ...211, 24 So. 308;. McConnell v. Pedigo & Hays, 92 Ky. 465,. 18 S.W. 15; Palmer Transfer Co. v. Anderson, 131 Ky. 217, 115 S.W. 182. . . The. Kentucky court, in ......
  • Association of Independent Taxi Operators v. Yellow Cab Co., 160
    • United States
    • Court of Appeals of Maryland
    • June 15, 1951
    ...some previous litigation that such a contract was invalid. McConnell v. Pedigo, 92 Ky. 465, 18 S.W. 15. Palmer Transfer Co. v. Anderson, 131 Ky. 217, 115 S.W. 182, 19 L.R.A.,N.S., 756. The Brown and Yellow Taxicab Company, which had been a Kentucky corporation, then incorporated as a Tennes......
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