Morgan Run Railway Co. v. Public Utilities Commission

Citations

• 98 Ohio St. (N.S.) 218

Syllabus

<p>Railroads — Private tracks — Jurisdiction of public utilities commission— Section 523, General Code — ■Railroad’s duty to public —•Discrimination—Common carriers — Extension of lines, etc.</p> <p>1. A railroad company created, organized and operated under the laws of Ohio is a common carrier under obligation to serve the public without discrimination, and is amenable to the supervision of the public utilities commission in the conduct of its business. By the provisions of Section 523, General Code, the commission has the same jurisdiction over the use by a common carrier of private tracks, while used by it in connection with its railroad for the transportation of freight, as it has over the tracks of such railroad.</p> <p>2. A railroad company is required to use its property in the performance of its duty to the public, and in this behalf is subject to governmental supervision; beyond this it has the right to control its own affairs so long as it does not injuriously affect the public or exceed its charter powers. Matters of purely business policy are for the decision of the company, and in the absence of special circumstances the question whether it shall extend its lines to points not before reached, is one to be determined by it.</p>