uded within its absolute duties, the question of expense is of more
controlling importance. In determining the reasonableness of such an
order the Court must consider all the facts--the places and persons
interested, the volume of business to be affected, the saving in time
and expense to the shipper, as against the cost and loss to the
carrier."[256]
Although a carrier is under a duty to accept goods tendered at its
station, it cannot be required, upon payment simply for the service of
carriage, to accept cars offered at an arbitrary connection point near
its terminus by a competing road seeking to reach and use the former's
terminal facilities. Nor may a carrier be required to deliver its cars
to connecting carriers without adequate protection from loss or undue
detention or compensation for their use.[257] But a carrier may be
compelled to interchange its freight cars with other carriers under
reasonable terms,[258] and to accept, for reshipment over its lines to
points within the State, cars already loaded and in suitable
condition.[259]
Intercompany Discriminatory Railroad Service Charges.--Due
process is not denied when two carriers, who wholly own and dominate a
small connecting railroad, are prohibited from exacting higher charges
from shippers accepting delivery over said connecting road than are
collected from shippers taking delivery at the terminals of said
carriers.[260] Nor is it "unreasonable" or "arbitrary" to require a
railroad to desist from demanding freight in advance on merchandise
received from one carrier while it accepts merchandise of the same
character at the same point from another carrier without such
prepayment.[261]
Safety Regulations Applicable to Railroads
The following regulations with reference to railroads have been upheld:
a prohibition against operation on certain streets,[262] restrictions on
speed, operations, etc., in business sections,[263] requirement of
construction of a sidewalk across a right of way,[264] or removal of a
track crossing a thoroughfare,[265] compelling the presence of a flagman
at a crossing notwithstanding that automatic device might be cheaper and
better,[266] compulsory examination of employees for color
blindness,[267] full crews on certain trains,[268] specification of a
type of locomotive headlight,[269] safety appliance regulations,[270]
and a prohibition on the heating of passenger cars from stoves or
furnaces inside or suspended from the car
|