Akron v. Public Utilities Commission

Citations

• 96 Ohio St. (N.S.) 359

Syllabus

<p>Railroads — Physical connections — Intersecting tracks — Railroads for promotion of public benefit — Statutory jurisdiction of public utilities commission — Public necessity the test for proposed connection — Lawfulness of finding by commission.</p> <p>1. The laws of this state do not make it the absolute duty of a railroad company whose tracks cross or intersect those of another company to establish and maintain a physical connection between the tracks of such railroads so as to admit of the passage of cars from one road to another.</p> <p>2. Statutes regulating railroad traffic are enacted for the purpose of promoting adequate, prompt and efficient service, not primarily in the interest of the railroad companies but for the benefit of the public, and the test to be applied in every case of a proposed physical connection of tracks is that of practicability of construction and reasonable necessity to accommodate the public.</p> <p>3. In this state jurisdiction over such matters has been by statute conferred upon the public utilities commission, and it is authorized to require such physical connection of tracks where, upon hearing, it finds the same to be practicable and reasonably necessary to accommodate the public.</p> <p>4 A charge of unjust discrimination is not made out by the mere fact of a previous connection with the tracks of one company and a refusal to establish such connection with the tracks of another company. Reasonable public necessity for the proposed connection is the ultimate test in every case.</p> <p>5. Under the circumstances shown in this case the action of the public utilities commission, in finding that the connection of tracks asked for was not reasonably necessary to accommodate the public, and in dismissing the application therefor, was neither unlawful nor unreasonable.</p>