Philadelphia & Reading Railway Co. v. Public Service Commission
Philadelphia & Reading Railway Co. v. Public Service Commission
Opinion of the Court
Opinion by
This is an appeal from the order directing the appellant to furnish passenger service on what is called the Middle Creek branch to and from Newtown. The authority to make the order is not disputed and is contained in Paragraph M, Section 1 of Article II of the Public Service Act. The appellant challenges the order for the reasons, (1) that the portion of the appellant’s road over which the service was directed to be made was a leased line upon which passenger service had never been continuously in effect, and freight service, except for intermittent shipments, had entirely ceased; that carriers engaged in freight business could not be required to give passenger service; and (2) the order was unreasonable in that the service was so unremunerative as to be confiscatory of property.
The appellant leased the Mine Hill and Schuylkill Haven Railroad, a corporation chartered by the Act of 1828. Through numerous acts of assembly the company was authorized to do the general business of a common carrier. Finding it desirable to extend its road and being without the necessary capital to build such extensions, the Act of April 7, 1849, P. L. 459, was passed empowering it to extend its road or branches and giving authority to raise capital for that purpose. Under this act this piece of road, upon which this service was ordered in effect was built. The purpose of the act was to bring the extensions there named within all the obligations, rights, privileges and powers as conferred by the Act of 1828, its amendments and supplements, and this
Where a railroad is granted by the State a public franchise to engage in passenger, freight and the general business of a railroad company, the rights of a common carrier are thereby conferred. It is the duty of such carrier, who accepts such franchises and engages in the business under them, to operate its facilities within its ownership or control in such manner as to meet the reasonable requirements of the communities to be served. The duty of furnishing adequate service for the accommodation of the public follows the continued enjoyment or partial use of such franchises. This is in compliance with its contract with the State by which the corporation was created: This contract contemplated this service and it does not matter whether the authority given is permissive or mandatory, the obligation continues unless it be shown that such service is so unremunerative as to be unreasonable: Missouri Pacific Railroad Co. v. Kansas ex rel., 216 U. S. 261; State of Florida ex rel. v. Atlantic Coast Line R. R., 13 L. R. A. N. S. 321; Glen Rock Motor Club v. The Public Service Commission, 64 Pa. Superior Ct. 147. We do not have then, under the facts, the case of a common carrier engaged exclusively in- a freight business being
Reference
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- Philadelphia & Reading Railway Company v. Public Service Commission
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- Syllabus
- Railroads — Branch—Installation of passenger service. An order of tbe Public Service Commission directing a railroad company to furnish passenger service on a branch will be sustained where the evidence shows that the branch was a constituent part of the company’s railroad built under legislative authority; that it was used for small shipments of freight, and occasionally for excursion trains for passengers; and that the service would not be wholly unremunerative. Where a railroad is granted by the State a public franchise to engage in .passenger, freight and the' general business of a railroad company, the rights of a common carrier áre thereby conferred. It is the duty of such carrier, who accepts such franchises and engages in business under them, to operate its facilities within its ownership or control in such manner as to meet the reasonable requirements of the communities to be served. The duty of furnishing adequate service for the accommodation of the public follows the continued enjoyment or partial use of such franchises.