Page:Federal Reporter, 1st Series, Volume 2.djvu/472

 DINSMOEE V. 1., 0. A t. ET. 00. 465 �DiKSMOKE, President, etc., v. The Louisvillb, Cincinnati & Lexingtok Eailway Company. �{Cîrcitit Court, D. Eentucky. May 26, 1880.) �The Southebn Expeess Company v. Thb Nashville, Cdat- TANOOGA & St. Louis Eailway Company. �{Circuit Court, M. D. Tennessee. May 26, 1880.) �Katlroad— Cakribrs— Cannot do Express Business. — Railroad compa- nies, as common carriers, are not authorized to carry on an express bus- iness. �8amk— Samb— KiGHTs op Express Companibs.— As such carriers they are bound to provide for tbose doiag an express business over their road rea- Bonable and necessary facilities for such business, and to ail upon equal terms. They cannot insist upon the exclusive right to do sucb business over their Unes of road, nor grant such right to one express company to the exclusion of others, but are bound to carry for every one ofEering to do the sanie sort of business upon the same terms. �Express Company — Railroad refusino to Carry for. — Where an ex- press Company had, under special contract, been for many years engaged in that business over the System of roads controlled by defendants, and had built up a large and valuable business, and established valuabla connections, ail of which would be much depreciated if defendant should be allowed to refuse to further allow it to carry on such business over Its line of road, hdd, that for that reason an injunction restraining Buch actiqn might be granted. �Stanley Mathews, Clarence A. Seward and F. E. Whitfield, for Adams' Express Companj' and Southern Express Com- pany. �Russell Houston, Judge East, H. W. Bruce, Andrew Barnett and W. 0. Dodd, for railroad companies. �Baxter, C. J. The case against the NashTille, Chattanooga à St. Louis Eailway will be the first disposed of. We have not the time to state fuUy, and in detail, ail the reasons for the decree we feel bound to enter in this case. The question is both novel and interesting, as well to the publie as to the parties, and may be thus stated : �The express business, as it is understood and carried on in the United States, was initiated in 1839. About that time one Alvin Adams began the carriage of small packages of �v.2.no.5— 30 ����