People ex rel. Hempstead v. Chicago & Alton Railroad

Citations

• 55 Ill. 95

Syllabus

<p>1. Railroads—of their duty as to delivery of freight beyond their own lines. A railroad company can not be compelled, as common carriers, to receive goods at stations along their line for transportation, on the requirement of the consignor that they shall, themselves, deliver the goods at a point beyond or off their own line of road, or to deliver goods received by them for transportation, at such point. The legal duty of the company in that regard is commensurate only with their franchise; it is confined to their own line of road, and can not be made to extend beyond it.</p> <p>2. Same—of their duty to acquire facilities to deliver goods beyond their own lines. Nor can a railroad company, chartered with certain express powers and privileges, with certain termini within which they are to be exercised, be compelled to purchase, for the accommodation of the public, more extended privileges beyond the limits of their franchise, so that they may deliver goods at points not upon the line of their road, or within its established termini.</p> <p>3. So where it was sought to compel a railroad company to receive a quantity of grain at one of their stations, to be transported and delivered at a certain grain elevator in the city of Chicago, it appeared such elevator was situated upon a side or switch track which connected with the road of the company in that city, but was beyond its actual terminus. The side or switch track was constructed, owned and controlled by other companies, with whom the company against whom the remedy was sought, had no arrangement for its use, except as might be specially agreed upon in particular instances, though, under an ordinance of the city, that company could have compelled an arrangement for its regular and permanent use: Held, the company could not be compelled to receive the grain to be delivered at such elevator beyond the terminus of their own road, nor could they be compelled to acquire the right to use the switch track leading from t