Western & Atlantic Railroad v. Railroad Commission
Western & Atlantic Railroad v. Railroad Commission
Opinion of the Court
delivered the opinion of the Court.
This is a suit commenced in the District Court by the Western & Atlantic Railroad, against the Railroad Commission of Georgia, its members, its special attorney, and the Attorney General of the' State to restrain and enjoin the enforcement of an order of the Commission requiring the plaintiff to construct and put in service a spur or industrial • track to the Farmers Warehouse Company’s warehouse abutting the right of way of the railroad at Smyrna, Georgia. A law of Georgia (§ 2664 of the 1910 Georgia Code) authorizes the Commission to prescribe rules with reference to spur tracks and side tracks, and
The complaint alleges that the matter in controversy exceeds, exclusive of interest and costs, the -sum or value of $3,000, and by way of detail it . is stated, among other things, that the initial cost of the construction of the side track would be $1,266.24; that the interest on the money which plaintiff would have to expend for the' construction of the track, depreciation charges, necessary maintenance and operating expenses would exceed $200 a year, and that compliance with the order would hamper and delay the plaintiff in the proper
The decision in the District Court states:
“The propriety of requiring the construction of this particular track is alone in issue. The cost in material and labor is stated in the petition to be but $1,260, and this amount alone is involved. . . . The cost of future maintenance is not involved now, because that is an incident of the future use. The maintenance cost for some years will be slight, and if the business done over*267 the track does not justify its maintenance, the question of its abandonment will be open then.”
We are unable to agree that the cost in material and labor is all that is involved in this case. Plaintiff seeks to be relieved not only from constructing the side track but also from maintaining it in' suitable condition for use, and from the cost and expense of using and operating it for the movement of cars to and from the warehouse. The value of all these is involved. Glenwood Light & Water Co. v. Mutual Light Co., 239 U. S. 121, 125; Berryman v. Board of Trustees of Whitman College, 222 U. S. 334; Bitterman v. Louisville & Nashville R. R. Co., 207 U. S. 205, 225; Hunt v. New York Cotton Exchange, 205 U. S. 322, 336. It is shown that the permanent annual burden on account of interest on such cost, depreciation, maintenance and operating expenses of such side track will exceed $200, and this capitalized at a reasonable rate exceeds $3,000. Laying aside other considerations bearing upon the matter, the amount is shown to be sufficient. This being so, the District Court should have taken jurisdiction and should have proceeded to determine the merits of plaintiff’s application for a temporary injunction, which it did not do.
Order declining jurisdiction vacated with directions for further proceedings.
Reference
- Full Case Name
- WESTERN & ATLANTIC RAILROAD v. RAILROAD COMMISSION OF GEORGIA
- Cited By
- 27 cases
- Status
- Published