Page:Federal Reporter, 1st Series, Volume 2.djvu/482

 DINSMORB V. L., 0, <fe L. RY. 00. 475 �acquired under the friendly auspices of those who are now seeking to deprive complainant of the use of defendant's road. �If defendant possessed the legal right, which he here claimed, to refuse the accommodation which it has heretof ore «xtended to complainant, it ought not to be permitted to exercise it under the facts of this case. Defendant's long acquiescence in complainant's right to have transportation of its freight, the holding itself out for so long a time as a carrier of express matter, the encouragement it has always given to this class of business, considered in conection with. the investments made and the rights of the public to such service, musfc, in our judgment, estop it from exerting its authority to exclude complainant, if it had any at this time. �A refusai to carry as heretofore for the complainant would inevitably do it great pecuniary injury, disse ver its connec- tions, cause it to lose the good-will of its customers, and depreciate its valuable property and equipments along defend- ant's road perhaps one-half. Complainant ought not j;o be held to be so dependent on the mercy of its adversaries and interested competitors seeking to drive it from the field ia order to secure a monopoly to themselves. �Defendant responds, saying that hitherto the complainant has occupied its road under and by virtue of special contracts, and it contends that complainant's enjoyment of the privi- leges thus granted confers nothing more than was accorded by its contracts. The position, in a qualified sense, is cor- rect. But it is equally correct that complainant lost nothing thereby. A farmer or other person wishing to ship one or more car loads of stock or grain, or other commodity, may, with a view to convenience, specially contract for a car or cara suitable for the particular purpose, to be furnished at a spec- ified time and place, and for such other facilities as he may need. But his doing so is no surrender of his legal rights» existing independently of contracts or special agreements, to demand of a railroad company the shipments of ail suitable freights tendered for the purpose. The same principle is, ap- plicable here. It was aitogether proper that the complainant and defendant, in view of the magnitude of their business, ����