St Louis Ry Co v. Public Service Commission of State of Missouri, 117
Citation | 41 S.Ct. 192,254 U.S. 535,65 L.Ed. 389 |
Decision Date | 17 January 1921 |
Docket Number | No. 117,117 |
Parties | ST. LOUIS & S. F. RY. CO. v. PUBLIC SERVICE COMMISSION OF STATE OF MISSOURI |
Court | United States Supreme Court |
Messrs. Wm. F. Evans and Edward T. Miller, both of St. Louis, Mo., for plaintiff in error.
Mr. James D. Lindsay, of Jefferson City, Mo., for defendant in error.
Plaintiff in error's main line extends from St. Louis to Memphis—305 miles. As originally constructed it turned sharply southeastward at Hayti, Mo.—220 miles from St. Louis—ran thence 7 miles to Caruthersville, a city of 4,000 people, thence southwestward 9 miles to Grassy Bayou, and thence south. A 'cut-off' between Hayti and Grassy Bayou—6 miles—became part of the main line in 1904, and thereafter through freight and night passenger trains passed that way. The through day passenger trains Nos. 801 and 802—continued to move along the old line until August, 1913, when they were routed over the 'cut-off.' At the same time two new daily passenger trains were put on and operated between Blytheville, Ark., and Cape Girardeau, Mo., by way of Caruthersville.
The Missouri Public Service Commission directed the railway company to restore trains 801 and 802 to the route followed prior to 1913 and the state Supreme Court approved this action. We are asked to declare the order invalid because it unduly burdens interstate commerce. The point is well taken.
Fourteen local daily passenger trains move in and out of Caruthersville—seven each way. Some of these make close connections with all through trains at Hayti. These locals do not carry equipment of the highest class, but apparently they afford fair facilities for reaching and leaving Caruthersville without serious delay or great inconvenience. If deficient in schedule or equipment, there is an easy remedy by means other than detours of the through trains.
The applicable general doctrine has been often considered and in Chicago, Burlington & Quincy Ry. Co. v. Wisconsin R. R. Commission, 237 U. S. 220, 226, 35 Sup. Ct. 560, 562 (59 L. Ed. 926), this court said:
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