SOCIETE AN01'l'YME/DU FILTRE' CHAMBERLAND SYS'lJEME :PAS't1':UR 11. BLOUNT et al.
(Oircuit Oourt, S. D. Ohio, W. D. August 18, 1899.)
Pending on motion of the complairiant to and set i the defllodaot, Blount 00 theapfrqID, tbeordergraJil,tingcoo,qplllioaot ap inj40ctioo. : Motion $t,aley;. foqlop?plab1 aot· ·.
/J;'he mqtion to vacate ,and persedrjJf gerliltofo,re alll)\\'ed the, qefepda,nt, Blount Under the 3.,:18.91, said the right to I Jlppeal :(l1pm .court the injuncti,on, and. to; :suQh"PPf3al,effe,ctual, he ha,d a,right tq, the upon,llllich, cqurt it ,lPight im pOlle.lathe prosecqU9p. fl.)f.an ulmaal se,ction)tl1erll no discretipn in the court prjudge to, deny: or refullethe Ilupersede(t8. is a to the bond that omy, reqQired of the appellant for the protection and inllemnity of the appellees! ,Any otAersectiOlpvould defeat tQe very aim anC:lpurpose and appeals, effect"renqer clear that the appeal allqwedby s&id and grantjng the ,'I Tl;1e W !:let aside the
OREGON SHORT LINE OREGON
:LINE' & U. N. Ry. CO. 'V. ILWACO RAILWAY & NAV!, GA'1'ION Co.
, (O('1'CUit Cou'l"t, D. Washington, W. D. August lI7, lS9l1.)
CARRIERS..,..USB OF WHARlI' OF RAILROAD COMPANY BySTEAMBQATS.
A railroad company, owni\lg, a WhlLrf extending into public navigable waters, maintained: thereon a station and passenger depot, and used the wharf for its own line of connection with its railroad HeW, tllat a steamboat company, not a ,rival of company in its railroad business, was entitled to the use of the wharf, for 'a reasonable compensation, to the extent of reCeiving and dischargingplUlsengers and freight.
SAME-FACILITIES AT RAILRQAD WHARlI'.
That such wharf is too small to accommodate steamers, other than those of the railroad company, is not a ground for denying to a steamboat company, not a competitor except in its steamboat business, the right to use the wharf, for a,reasonar able wharfage, for the purposo of receiVing and discharging freight and gel's, since' a railroad, as a :public carrie)', must provide necessary facilities for the transaction of its bUSiness with safety and reasonable oonvenience to its passengers. ',
In Equity, Suit for an injunction to compel the defendant, a railway corporation and ownerof a wharf, to all<lw steamboats operated by the com plainantto receive and discharge passengers anti freight upon said wharf. Injunction granted. W. W. Cotton, for corriplainant. w. Fulton, for defendant.
HANFORD, District Judge. The complainant's grievance is that the defendant by its ownership of a wharf at the town of Ilwaco, extending into the navigableiwaters of Baker's bay, and by maintaining thereon a railroad sta HOll and passenger depot, appurtenant to its line of railway, and by making said wharf a landing place for steamboats owned and operated by it, and refusing to permit steamboats owned and operated by the complainant to land at said wharf, imposes upon all passengers and freight received by or discharged from its railroad, at said station, the necessity of being carried to and from other places by its steamboats, or suffer inconvenience in being carried to the next station on the line of said road, and has thereby contrived to secure a monopoly in the transportation of freight and passengers to and from the station upon said wharf. To prevent the defendant from giving such undue preference to its own steambo$.tR, and from so unjustly discriminating against the complainant, it prays that by an injunction the right to receive and discharge passengers and freight upon and from its steamboats at said wharf maybe entorced. The complainant concedes the right of the defendant, as owner of said wharf, to charge and collect reasonable wharfage from all vessels using the Elame, and consents that whatever relief may be granted to.it shall be upon equitable terms, and upon such conditions as the· court may impose for the protection of the defendant's rights. The defendant's 'counsel, in 'opposition to the prayer of the bill, argues that, by conceding the right to remUneration for the Use of the wharf, the