y
devoted exclusively to carrying freight,[249] to restore a siding used
principally by a particular plant but available generally as a public
track, and to continue, even though not profitable by itself, a
sidetrack[250] as well as the upkeep of a switch-track leading from its
main line to industrial plants.[251] However, a statute requiring a
railroad without indemnification to install switches on the application
of owners of grain elevators erected on its right of way was held
void.[252] Whether a State order requiring transportation service is to
be viewed as reasonable may necessitate consideration of such facts as
the likelihood that pecuniary loss will result to the carrier, the
nature, extent and productiveness of the carrier's intrastate business,
the character of the service required, the public need for it, and its
effect upon service already being rendered.[253] If the service required
has no substantial relation to transportation, it will be deemed
arbitrary and void, as in the case of an order requiring railroads to
maintain cattle scales to facilitate trading in cattle,[254] and of a
prohibition against letting down an unengaged upper berth while the
lower berth was occupied.[255]
Intercompany Railway Service.--"Since the decision in Wisconsin
M. & P.R. Co. _v._ Jacobson, 179 U.S. 287 (1900), there can be no doubt
of the power of a State, acting through an administrative body, to
require railroad companies to make track connections. But manifestly
that does not mean that a Commission may compel them to build branch
lines, so as to connect roads lying at a distance from each other; nor
does it mean that they may be required to make connections at every
point where their tracks come close together in city, town and country,
regardless of the amount of business to be done, or the number of
persons who may utilize the connection if built. The question in each
case must be determined in the light of all the facts, and with a just
regard to the advantage to be derived by the public and the expense to
be incurred by the carrier. * * * If the order involves the use of
property needed in the discharge of those duties which the carrier is
bound to perform, then, upon proof of the necessity, the order will be
granted, even though 'the furnishing of such necessary facilities may
occasion an incidental pecuniary loss.' * * * Where, however, the
proceeding is brought to compel a carrier to furnish a facility not
incl
|