Atchison, T. & S. F. Ry. Co. v. Tiedt
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action by Frederick C. Tiedt against the Atchison, Topeka & Santa Fé Railway Company. Judgment for plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action by Frederick C. Tiedt against the Atchison, Topeka & Santa Fé Railway Company. Judgment for plaintiff, and defendant brings error. Defendant in error (plaintiff below) alleged in his declaration: That for 10 years prior to 1908 he owned and still owns a picnic park contiguous to defendant’s railway in Cook county, Ill.; that at defendant’s special instance and request he expended $45,000 in putting in amusement features; that prior to the grievances herein complained of he…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). If a duty rests upon a public service corporation to afford facilities independently to each of two persons, industries, or localities, the service 'must be rendered on substantially equal terms, impartially, without undue discrimination. But if no duty in law exists to serve either, then the giving to one of what is not owed cannot be a basis for the other’s complaint of unlawful discrimination; that is, back of any question of unlawful discrimination must lie the duty to serve.
[1, 2] It is usually said that a common carrier’s duty is to serve the public.…
2Cases cited6 opinions
- Donovan v. Pennsylvania Co.Supreme Court of the United States · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
- Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
- Donovan v. Pennsylvania Co.Court of Appeals for the Seventh Circuit · 1903
- State ex rel. Skeen v. Ogden Rapid Transit Co.Utah Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Birmingham Slag Co. v. BirmingHam Water Works Co.Supreme Court of Alabama · 1950