Crane Railroad Co. v. Central Railroad Co.

Citations

• 248 Pa. 333
• 93 A. 1076
• 1915 Pa. LEXIS 571

Syllabus

<p>Railroads — Common carriers — Published rates — Affidavit of defense.</p> <p>1. A railroad which was originally a plant facility but which was subsequently chartered under the general railroad laws, possessed of the right of eminent domain, owned and operated by an independant company, having track connection with other railroads and transporting freight for the public, is a common carrier and not a mere plant facility. It is the right of the public to use a ro.ad’s facilities and to demand its service which is the real criterian determinative of its character, rather than the extent of its business.</p> <p>2. In an action by a railroad company' against a connecting carrier to recover balance of freight charges alleged to be due to the plaintiff under a regular published schedule of rates, an affidavit of defense is insufficient which sets 'up that the plaintiff company is a mere plant facility of an industrial corporation and as such bound by a contract between the defendant and the latter coloration fixing a rate less than the published rate and at an amount already paid to the plaintiff, where it appears by the statement and affidavit of defense that the plaintiff is a general railroad corporation, enjoying the power of eminent domain, engaged in interstate commerce, and bound to accept shipments from the public.</p>