Page:Federal Reporter, 1st Series, Volume 2.djvu/481

 474 FEDERAL REFOETER. �sought after. If the custody of the freights is retained hj the express carriers, the railroads will not be liable for any- thing more than the safe carriage of them. If they provide for the carrying and safely transport such freight, they will have done their full duty. And by doing this the railroads will reoeive their freight charges, the expressmen will be enabled to fulfil their engagements and continue their busi- ness, keep up the continuity of their connections, and the public will be supplied with an indispensable faeility, and no- injury or injustice will be done to any one, unless it may be that railroad companies and railroad managers may be deprived thereby of incidental profits and advantages to be obtained through unauthorized pursuit, and forced from the public by reason of the monopoly secured through the exclu- sion of lawful competition. We conclude, therefore, that upon the naked obligation which the law imposes upon rail- road companies, and without reference to the consideration to be hereafter adverted to, that the defendant is bound to render the services demanded by complainant, and that this court, in the exercise of its discretion, ought to require defendant to discharge its legal duty in this regard. �The second ground on which we think the relief prayed for may be granted is this : Complainant and the Adams Express Company have for more than twenty years done business over the System of roads now directly and indirectly under the control of the managers of the Louisville & Nashville Eailroad Company. By energy and fidelity, and the expend- iture of a large amount of money, complainant has suceeded in building up and establiahing a lucrative business over these lines, which constitute important links, securing continu- ity in its operations. It has trained and reliable, servants, suitable chests, safes, wagons, horses, and trucks for collecting, transferring and delivering their freights; erected permanent shops and warerooms at varions stations; established rapid communication, and fixed and published a schedule of charges, and have a good and profitable, steady and reliable business, and an enviable and widely-advertised reputation; ail of which has been accomplished and the rights incident thereto ����