Peoria & Rock Island Railway Co. v. Coal Valley Mining Co.

Citations

• 68 Ill. 489

Syllabus

<p>1. Railboad coepobations—objects of their creation. The primary consideration and principal object in the creation of railroad corporations, and in conferring upon them privileges not enjoyed by private citizens, was the accommodation of the public and the promotion of their interests. It was not merely to aggrandize and enrich the stockholders. The benefits to be derived by the stockholders are only incidental to accomplish the primary object.</p> <p>2. Same—charters subject to implied duties as carriers. The right conferred upon railroad corporations in their charters to carry passengers and property for a compensation, is coupled with a corresponding duty that they shall receive and carry passengers and freights over their roads as they may be offered. The acceptance of their charters is upon the implied understanding that they will fairly perform these duties to the public as common carriers of both persons and property, under the responsibility which that relation imposes.</p> <p>3. Same—no power to avoid their duties by contract or otherwise. The duties which railroad corporations owe to the public, and which are the considerations upon which their privileges were conferred, can not be avoided by neglect, refusal, or by agreement with other persons or corporations. Therefore, any contract to prevent the faithful discharge of any of such duties will be against public policy, and void.</p> <p>4. Where it was agreed, upon the consolidation of two railway companies, that a corporation which owned one of the roads so consolidated, and which had rolling stock and motive power of its own, should carry coal over a certain part of the road, to a certain amount, without charge, and that the new company should pay the coal company 50 cents per ton for all coal transported by any party except the coal company, it not appearing that the coal company was under any legal obligation to the public to carry coal and passengers after the consolidation, it was held, that a cou