San Juan Coal & Coke Co. v. F?

• Citation: 35 N.M. 336,298 P. 663
• Decision Date: 04 March 1931
• Docket Number: No. 3642.,3642.
• Court: Supreme Court of New Mexico
• Parties: SAN JUAN COAL & COKE CO.v.SANTA FÉ, S. J. & N. R. R.

35 N.M. 336

298 P. 663

SAN JUAN COAL & COKE CO.

v.SANTA FÉ, S. J. & N. R. R.

No. 3642.

Supreme Court of New Mexico.

March 4, 1931.

Syllabus by the Court.

To transport goods is railroad's absolute duty.

To transport goods is an absolute duty of a railroad, from which suggested but not decided that excess of cost over revenue will not excuse it.

Corporation commission's orders requiring agents and facilities for receiving and delivering freight are enforceable if reasonable and just, considering interests and rights of railroad and public (Const. art. 11, § 7).

To provide agents and facilities for receiving and delivering freight are incidental duties of railroads, enforceable if reasonable and just, considering the interests and rights of both public and railroad.

Complainant has burden of proving reasonableness and justice of corporation commission's order regulating carrier's service.

Burden of proof is on complainant as to reasonableness and justice of order of state corporation commission regulating service by carrier.

Corporation commission's order requiring regular biweekly train service held reasonable and just under circumstances.

Regular biweekly train service held reasonable and just requirement under conditions shown.

Corporation commission's order requiring agency at certain point held unreasonable and unjust under circumstances.

Requirement of establishment of railroad agency held unreasonable and unjust under conditions shown.

Ordinarily corporation commission's requirement for establishment of railroad agency is unenforceable if cost of establishment and maintenance has not been shown.

Ordinarily requirement of establishment of railroad agency cannot be enforced if cost of establishment and maintenance has not been shown.

Severable requirements of single order of corporation commission regulating service will be treated as separate orders, if one is unreasonable or unjust.

Where single order of state corporation commission regulating service contains severable requirements, each will be treated as a separate order, so that unreasonableness or injustice of one will not prevent enforcement of others.

Proceeding by the San Juan Coal & Coke Company against the Santa Fé, San Juan & Northern Railroad, in which respondent railroad removed to the Supreme Court an order of the State Corporation Commission requiring respondent to maintain a certain schedule of service and to establish a certain agency.

Order held unreasonable in part and to that extent unenforceable, and in part reasonable and enforcement directed.

Regular biweekly train service held reasonable and just requirement under conditions shown.

Roberts, Brice & Sanchez, of Santa Fé, for complainant.

Raymond R. Ryan, of Albuquerque, for respondent.

WATSON, J.

This is a proceeding instituted before the state corporation commission by San Juan Coal & Coke Company, against Santa Fé, San Juan & Northern Railroad, complaining of inadequate service. The carrier has removed to this court the commission's order requiring:

“*** That respondent, Santa Fé, San Juan & Northern Railroad establish and maintain a regular train schedule and service from Bernalillo to La Ventana, and from La Ventana to Bernalillo; that not less than two trains each way per week be maintained and operated by said respondent between the two points named, preferably on Mondays and Fridays; that an agent and such agency service as is necessary to care for the business consigned to and originating at La Ventana be established and maintained at that point.”

Among other matters complained of by the carrier, we have its contention that the showing made does not justify the order.

[1] 1. Of the two requirements contained in this order, the first concerns an “absolute” or “prime” duty of a railroad, to transport goods. Seward v. D. & R. G. R. R. Co., 17 N. M. 557, 131 P. 980, 46 L. R. A. (N. S.) 242. In that case former Justice Roberts suggested that an excess of cost over enhanced revenue might not be controlling as against the requirement.

[2] 2. The other requirement concerns “agents and facilities for *** receiving and delivering freight.” Const. art. 11, § 7. As to such requirements we have recently said that the question is “whether, under the conditions shown to exist, the commission's order is reasonable and just, considering the interest and rights, both of the public and of the railroad.” Denton Brothers v. A., T. & S. F. Ry. Co., 34 N. M. 53, 277 P. 34, 35; Randall v. A. T. & S. F. Ry. Co., 34 N. M. 391, 281 P. 479.

[3] 3. The burden of proof is on the complainant. State Corporation Commission v. A., T. & S. F. Ry. Co., 32 N. M. 304, 255 P. 394.

The shipper is a coal producer at La Ventana. The carrier owns a railroad from Ysidro to a point about four miles north of La Ventana. About two miles north of La Ventana is Tilden, the present northerly operating terminal. Through a trackage right agreement with the Santa Fé Northwestern Railway Company, the southerly operating terminal is Bernalillo.

The record presents a not unfamiliar picture. The railroad has been projected into undeveloped country. The coming of the means of transport has encouraged new industries; in this case principally coal mines. Their interests are inseparable. The existence and operation of each is indispensable to the other. Each has its own economic problems. The shipper wants the best service and the most favorable rates. The carrier wants profitable business. The present development of the region does not offer much prospect for the immediate realization of either aspiration. The problem is one of adjustment. The commission has adjusted it in the present order by requiring of the carrier a regular biweekly train service and the establishment of an agency at La Ventana.

[4] 4. The requirement of regular biweekly train service we think is shown to be reasonable and just. If the only train service were, as the shipper's witnesses rather imply, one round trip per week, it is easy to appreciate the inconvenience and business loss they point out. Shipments of coal can be made but once a week. Cars spotted at the tipple must remain on the siding a week before moving out. It is impracticable, if not impossible, for the mines at La Ventana to serve customers who require more frequent shipments. Orders for immediate...