Page:Federal Reporter, 1st Series, Volume 2.djvu/480

 DINSMOEE V. L., C, & L. BT. CO. 473 �New York city of 14,000 packages daily, employing therefor, in connection with its general business, 918 horses, with the necessary number of -wagons. �From this summary it will be seen that the express car- riage of the country is only second in importance to railroad transportation, and that the express business has so inter- woven itself into the present methods that it cannot be dis- pensed with without producing an abrupt and disastrous revo- lution in the present mode of carrying on trade. It has grown into immense proportions, and has become a necessity that cannot be dispensed with. It has obtained its present enlarged usefulness under the fostering care of the railroads themselves, including the defendant company. It is profita- ble to the railroads, and useful and convenient to the public. The right of the public to have quick, reliable and safe car- nage of goods through expressmen has been reeognized for forty years. This general recognition by the public and by railroad corporations, in connection with its admitted utility, Btamps it as a legitimate mode of railroad carriage. It is legitimately within the scope of their charters ; it is a lei-al duty imposed by law upon them. Endowed with extrac?r- dinary privileges, to enable them to fulfil the purposes of tht^v'r being, they may be coerced to adapt their accommodatioas to the varying wants and necessities of general trade. They must keep abreast of advancing thought as well as of me- chanical development. If they are under a legal obligation to attach a Westenhouse air brake, or a Miller platform, as insuring greater safety to employes and passengers, they are likewise bound to adapt their facilities for transportation to the growing demand and conveniences of trade. Such requirements can work no injustice to them, and is no inva- sion of their vested rights. For such improved service they are entitled to compensation to the estent of the maximum 'jallowed by their respective ciiarters. No express carrier can ÎLawfully demand the carriage of his goods without paying �Îeasonable rates therefor. The carriage of such freights ia n the strict line of railroad duty. It is a class of business bat pays well, and such as the railroads have horetofore ����