Sonman Shaft Coal Co. v. Pennsylvania R. R.

Citations

• 241 Pa. 487
• 88 A. 746
• 1913 Pa. LEXIS 810

Syllabus

<p>Common carriers — Railroad companies — Refusal to supply cars —Courts—Jurisdiction—Federal and state courts — Interstate commerce — Police power — Damages—Measure of damages.</p> <p>1. Where a duty has been imposed upon a-carrier by the common law and the statutes of a state, as well as by a federal statute, an action for breach of such duty, except as other reasons may be shown, may be maintained in the state courts.</p> <p>2. In an action in a state court, to recover damages from a railroad company for breach of its common law duty as a carrier to furnish adequate transportation facilities, in that it refused to furnish plaintiff with sufficient coal cars, where defendant questioned the jurisdiction of the court, alleging that it was a carrier engaged in interstate commerce, and that such practices as those complained of had been the subject of federal legislation, and could be examined and controlled only by the interstate commerce commission, and by the federal courts, under the provisions of the Interstate Commerce Act, the jurisdiction of the state court to entertain the action was properly sustained, as the police power of the State extends to compelling common carriers to furnish the public adequate service, and the exercise thereof in such case could but indirectly affect interstate commerce.</p> <p>3. A verdict for plaintiff in such case was sustained, where it appeared from the evidence that during the period when the default complained of occurred, defendant had a surplus of cars stored on its tracks, which it refused to supply to plaintiff, that defendant always, had an adequate supply of cars under normal conditions, but no abnormal conditions were set up as an excuse for defendant’s default, and further that gross discrimination had been practiced in supplying cars to other companies.</p> <p>4. Damages in such case may be recovered, measured by the loss of profits on coal not mined, because cars were not furnished to ship it, and by the increased c