State Ex rel. Railroad and Warehouse Commission v. Great Northern Railway Co.

• Court: Minnesota Supreme Court
• Writing for the Court: TAYLOR, C.
• Citation: State Ex rel. Railroad and Warehouse Commission v. Great Northern Railway Co., 144 N.W. 155, 123 Minn. 463 (Minn. 1913)
• Decision Date: 28 November 1913
• Docket Number: 18,321 - (24)
• Parties: STATE ex rel. RAILROAD AND WAREHOUSE COMMISSION v. GREAT NORTHERN RAILWAY COMPANY

144 N.W. 155

123 Minn. 463

STATE ex rel. RAILROAD AND WAREHOUSE COMMISSION v. GREAT NORTHERN RAILWAY COMPANY

Nos. 18,321 - (24)

Supreme Court of Minnesota

November 28, 1913

From an order of the Railroad and Warehouse Commission requiring the Great Northern Railway Company to build and establish at Lawndale station a certain depot with a suitable platform and a custodian in charge thereof, the railway company appealed to the district court for the county of Wilkin. The appeal was heard before Flaherty, J., who made findings affirming the order of the commission and ordered judgment in favor of the state. From an order denying its motion for a new trial, defendant appealed. Affirmed.

SYLLABUS

Railroad and Warehouse Commission.

1. An order by the Railroad and Warehouse Commission requiring a railway company to provide a small station building and custodian service at a flag station, is presumed to be valid until it be shown affirmatively that such order is unlawful or unreasonable.

Order requiring station -- evidence.

2. Where the nearest station in either direction is seven miles from such flag station, and the country tributary thereto is a prosperous farming community, and the annual revenue derived by the company from the business of such station exceeds $7,000, and the probable expense of providing the facilities required by the commission is not shown, the presumption in favor of the reasonableness and validity of the order of the commission is not overcome.

M. L Countryman and A. L. Janes, for appellant.

Lyndon A. Smith, Attorney General, Alonzo J. Edgerton, Assistant Attorney General, and Charles S. Marden, for respondent.

OPINION

TAYLOR, C.

A petition with 60 signers was filed with the Railroad and Warehouse Commission asking that a depot be established at the flag station of Lawndale on the line of the Great Northern Railway. After a hearing at which both the petitioners and the company were represented, the commission made findings and issued an order directing the company to provide the depot. The company appealed therefrom to the district court. That court sustained the action of the commission in all respects, and a further appeal brings the matter before this court.

Lawndale is located nearly midway between the stations of Rothsay and Barnesville, and by rail is distant about seven miles from each. By wagon road the distances are somewhat greater. The country tributary to Lawndale is a prosperous farming community, and these farmers ask for the depot. The business enterprises at the station consist only of a general store, an elevator, a blacksmith shop, and a small mill for grinding feed. There is also a second elevator not now in operation. The storekeeper is also postmaster, and the elevator agent also handles coal.

The roads leading to Lawndale from the surrounding country are better than those leading either to Rothsay or Barnesville; but residents within two or three miles of Lawndale, desiring to take a train, or to ship or receive freight or express, frequently travel six or eight miles to reach one of the other stations, on account of the lack of accommodations at Lawndale. The accommodations consist of a small cinder platform without any depot building, a sidetrack, and a building 8 by 10 feet in size and 6 feet high in which freight in small packages may be stored. This building is kept locked and is not available for the use of passengers; but the storekeeper and the train crews are provided with keys to enable them to put in and take out freight. There is no one to receive or care for freight and the owner must look after and attend to it himself. In order to have freight shipped to and delivered at Lawndale, it is necessary to pay the charges thereon in advance, as the company will deliver freight not prepaid only at stations where it has an agent.

The freight shipments to and from Lawndale for the year ending June 30, 1912, were a little more than 2,800 tons in carload lots, and a little more than 150 tons in less than carload lots.

Two passenger trains going east and one going west stop at Lawndale for passengers when flagged. The number of passengers who took the train at this station during the year ending June 30, 1912, was 860. Those having baggage were required to place it on board the train themselves, pay the cash fare to the nearest station at which it could be checked, and there purchase a ticket and check their baggage. As these tickets were credited to the stations at which they were sold, the records of the company fail to show, with any degree of accuracy, the revenue received from the transportation of passengers from Lawndale.

Both the commission and the trial court found, "that the company does not afford reasonable facilities for the patrons at that station, and that it is reasonable and necessary that a station and custodian service be provided," and directed that a depot be provided similar to the one at the station of Carlisle, and "that a custodian be provided who shall receive and care for freight, and keep the station warm...