Chicago, Milwaukee, St. Paul & Pacific Railroad v. Public Service Commission
Chicago, Milwaukee, St. Paul & Pacific Railroad v. Public Service Commission
Opinion of the Court
The appellants petitioned the Public Service Commission for authority to discontinue the operation of a train serving miners living in Terre Haute who work at a mine located in Vigo County.
Appellants alleged in their petition that the train serves miners exclusively and that it does not serve the
Evidence was heard by the commission and the petition was denied.
This action was begun in the court below seeking to set aside and enjoin the enforcement of the commission’s order and ruling on the ground that the same is unreasonable and unlawful. There was a trial at which a transcript of the evidence taken before the commission and the commission’s order was the only evidence offered. There was judgment for the defendants.
Error is assigned upon the overruling of a motion for a new trial, which is upon the ground that the decision of the court is not sustained by sufficient evidence and is contrary to law.
The commission found that the petitioner had failed to show that the expense incurred in the operation of the miners’ train in 1938 was $9,756.19, and that the petitioner had suffered a loss of $7,283.69 in the operation as alleged, and found that the petitioner should immediately effect economies in the operation of the train, and that the discontinuance of the train will not be in the public interest. The evidence of expense was largely theoretical, based on averages as shown by experience. The train crew expense included hours of service far in excess of the actual hours spent in operating the train. It was shown that all of the miners using the train used monthly commutation tickets; that there
The appellants contend that the train did not serve the general public, but only one class of the public, that is, miners working at a particular mine. But the service is none the less a public service, rendered under a public franchise. The train has been operated for a long period of years. The appellants contend that the evidence shows adequate means of transportation to the mine without the train, but this may be doubted. There is a good automobile highway part of the way, but it may be reasonably concluded from the evidence that for a considerable distance the highway is difficult and sometimes impractical. There is also evidence that many of the miners did not have motor vehicles or the means of procuring them.
The fact, if it had been clearly shown, that the train was operated at a loss does not alone necessarily require the commission to consent to its discontinuance. In N. Y. Central Railroad Co. v. Pub. Service Com. et al. (1937), 212 Ind. 329, 336, 337, 7 N. E. (2d) 957, 960, we said regarding profitable or nonprofitable operation of a given service: “This is only one element of the case. The railroad company possessed the power of eminent domain. It condemned property and brought its line across the country wher
The Public Service Commission is vested with discretion in requiring service. We said in Public Service. Commission et al. v. City of LaPorte et al. (1935), 207 Ind. 462, 466, 467, 193 N. E. 668, 670: “Courts will recognize that the commissioners are selected with a view to their special qualifications, knowledge, training, and experience pertinent to the subject-matter committed to their administration, and that different inferences may be reasonably drawn from given facts; that rates and regulations cannot be fixed with exactness. The power of the commission is not so limited that it is required in its orders to reach the same result that the court would reach under the same circumstances.”
Judgment affirmed.
Note.—Reported in 46 N. E. (2d) 230.
Reference
- Full Case Name
- Chicago, Milwaukee, St. Paul and Pacific Railroad Company v. Public Service Commission
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- Published