131. The Batavia Improvement Company, Complainant, versus The Cincinnati, Georgetown and Portsmouth Railroad Company, Defendant.

The complainant says:

That it is a corporation organized under the laws of the State of Ohio. Organized for the advancement of business and general good of Batavia and vicinity. Place of business, Batavia, Ohio.

That the above named railroad company is a common carrier, engaged in the transportation of persons and property by railroad between points in the State of Ohio, and that as such common carrier, said defendant is subject to the provisions of the laws of the State of Ohio relating to common carriers.

That said railroad company operates a branch from the main line at Highland Park to Batavia, Clermont County, Ohio, about three and one-half miles. This branch line has only one car operating on said branch, used for freight and passengers. The car that has been used on the branch is unfit and not safe for the general public.

Furthermore the connection of this branch at Highland Park with main line cars is miserable; persons being compelled to wait in a little station used for freight and passengers, situated out in the woods and no attendant at the station in some instances.

Passengers are compelled to wait there from twelve to twentyeight minutes to make connections and at times it is unsafe for a woman to be there alone.

We also wish to state that the company does not keep any drinking water for passengers in their cars on the main line.

Wherefore the complainant prays that the aforesaid defendant company be required to answer the charges herein and that after due hearing and investigation an order be made commanding said railroad company to make connections with all cars and put a car on the Batavia Branch that is respectable and safe. Also to furnish drinking water on the main line, and for such other and further order as the Commission may deem necessary and just in the premises.

This matter has been continued without day pending the advice of the defendant that a program of rehabilitation of the property, now in progress, has been consummated, which will include the correction. of the issues raised in this action.

132. D. W. Murphy, Prosecuting Attorney of Clermont County, Ohio, Complainant, versus The Cincinnati, Milford and Loveland Traction Company, Defendant. Decided August 28, 1911. D. W. Murphy, for Complainant; Thorne Baker, for Defendant.

The complainant says:

That he is the duly elected, qualified and acting Prosecuting Attorney of Clermont County, Ohio, that he brings this complaint upon numerous requests and complaints to him made and also in pursuance to law, Section 577, General Code of Ohio.

That the above named traction railroad company is a common carrier, engaged in the transportation of persons and property by traction railroad between points in the State of Ohio, and that as such. common carrier, said defendant is subject to the provisions of the laws of the State of Ohio relating to common carriers.

That the said The Cincinnati, Milford and Loveland Traction. Company, hereinafter designated defendant, is now operating its cars over and upon a trestle at Red Bird Hollow, Terrace Park Village, near the Milford Village Corporation, Hamilton County, Ohio, which is both dangerous and unsafe, and is operating its cars over said trestle with a greater speed than is conducive to safety.

That defendant is constructing a fill at the point named in Item! herein, and will place its track on said fill and will soon begin to operate cars over the same. That said fill is poorly constructed of rotten ties and brush, instead of earth and other solid material, and that it will be unsafe to run cars over said fill.

That public safety requires that a flagman be stationed at that point on the defendant's road where it crosses The Cincinnati, Columbus and Wooster Turnpike at grade level, at which point on the said turnpike defendant also crosses the tracks of The Cincinnati and Columbus Traction Company at grade level. Complainant says that gates, automatic alarm bell or any other mechanical device would be insufficient to warn foot passengers and vehicles of danger.

That defendant be required to maintain a water closet in its office in Milford, Ohio.

That the tracks, ties, planks at road crossings, bridges and other structures on said Traction Railroad from Milford in Hamilton County, Ohio, to Blanchester, in Clinton County, Ohio, are in such condition which renders them dangerous and unfit for the transportation of passengers.

That the cars for passengers are permitted to become out of repair, so much so that on Thursday, May 11, 1911, at Peebles Corner, in Cincinnati, Ohio, the trolley poles, together with large planks holding them, fell off of one of said cars.

That defendant does not furnish reasonably adequate freight service and facilities to patrons of its road.

That said defendant discriminates in delivering freight through the village of Milford, Ohio, in that for some it delivers freight at their place of business and residence, and to others it refuses said service.

That said defendant has not on file for public inspection at its various depots, schedules of fares, rates and charges for transportation of passengers and property between points upon its line.

That the construction and placing of seats in many of defendant's passenger cars is such that riding in said seats is unpleasant and uncomfortable, said seats being too narrow and placed too close.

That defendant has allowed the bridge crossing the Little Miami River at Milford, Ohio, to become out of repair.

That defendant has allowed its roadbed at Tower Hill to be washed away so that one of its tracks cannot be used from Tower Hill to the subway.

That defendant has no toilets in its cars, nor does it provide drinking water in its said cars.

Wherefore, the complainant prays that the aforesaid company be required to answer the charges herein and that after due hearing. and investigation an order be made commanding said traction railroad company to remedy all the matters set forth herein.

Upon the argument, June 8, 1911, of a motion to make more definite and certain the complaint herein, the Commission entered the following order:

This day this matter came on to be heard upon the motion of said defendant, The Cincinnati, Milford and Loveland Traction Company, to make causes of complaint Nos. 5, 6, 7, 8, 9, 10 and II of the complaint herein more definite and certain.

Upon due consideration, it is ordered that said motion as to said causes of complaint Nos. 5, 6, 9, 10 and 11 be and the same is hereby overruled; but as to said causes of complaint Nos. 7 and 8 said motion be and the same is hereby sustained and complainant is required to amend his said cause of complaint No. 7 by stating in what respect said defendant is not furnishing reasonably adequate freight service and facilities, and that said complainant amend his said cause of complaint No. 8 by stating some one or more persons in whose favor said defendant has discriminated in the delivery of freight and the dates, if possible, of such discrimination. Complainant is allowed ten days from this date within which to file his amended complaint.

Whereupon the complainant filed the following amended complaint as to causes Nos. 7 and 8:

Now comes complainant, D. W. Murphy, as Prosecuting Attorney of Clermont County, Ohio, and files this as his Amended Complaint of Causes 7 and 8 in lieu of Causes of Complaint Nos. 7 and 8

as set forth in his original complaint herein and in conformity to the order issued on June 8, 1911, wherein complainant is required to amend his said Causes of Complaint No. 7 and No. 8.

AMENDED COMPLAINT NO. 7.

That defendant does not furnish reasonably adequate freight service and facilities to patrons of its road in that it does not furnish enough freight cars to haul freight delivered to it, much freight being not carried the day it is delivered to it, for the reason that defendant operates but one freight car upon its road, when it should have two cars to properly carry all the freight, as it often happens freight lays for days in the depots of defendant, not being carried for want of sufficient cars.

That defendant carries hogs, calves and poultry in the same car with ice, butter, fruit and vegetables, and other freight.

AMENDED COMPLAINT NO 8.

That the defendant discriminates in delivering freight through the village of Milford, Ohio, in that it delivers freight to business houses, but to private residences it refuses such service; that this complainant twice since January 1, 1911, prepaid freight from Cincinnati, Ohio, to his residence in Milford, Ohio, yet defendant neglected to deliver said freight at his residence, but delivered it at its office in Milford, Ohio, thereby causing this complainant to pay additional charges for delivery, although defendant's freight car passed complainant's residence.

Wherefore, the complainant prays as in his original complaint herein as thus amended.

FINDING AND ORDER.

According to notice to the parties, and order of the Commission, this matter came on for investigation at Milford, Ohio, on July 14th, 1911, upon the amended complaint of D. W. Murphy, Prosecuting Attorney of Clermont County, Ohio, in behalf of the public, the answer of said defendant, The Cincinnati, Milford and Loveland Traction Company, thereto and the evidence.

On the first, second, third, eleventh, twelfth and portions of the fifth causes of action, relating generally to the physical condition of the road of said defendant, no testimony was received, said causes of action not being proper subjects for incorporation in this form of complaint, and for the further reason that prior to this hearing, investigation had been made and instructions issued by the Commission in reference thereto.

After hearing the evidence, having fully investigated said matters, and being duly advised, the Commission find that said defendant, The Cincinnati, Milford and Loveland Traction Company, is not furnishing reasonably adequate service and facilities to the public in the following particulars, to wit: First, in that said defendant operates but one car for the transportation of less than carload freight, which results in undue delay in delivering such freight; second, in that said defendant transports in said car simultaneously, dairy products, fruits, vegetables and other perishable freight, hogs, cattle, poultry and other miscellaneous freight; that said dairy products are injuriously affected by being transported in close proximity to such other freight, especially by said live stock, and that all perishable freight is subject to and is damaged by delays in transportation; third, in that said defendant has not in use a sufficient number of cars for transportation of carload freight.

The Commission further find that said defendant, The Cincinnati, Milford and Loveland Traction Company, has practiced discrimination in the delivery of freight in Milford, in that no fixed rule has been established to govern this feature of its operations, shipments in some cases being delivered at the doors of consignees and a like service refused in other and similar cases, the matter having been left to the discretion of employes.

The Commission further find that the defendant, The Cincinnati, Milford and Loveland Traction Company, has not kept on file at its agency stations freight and passenger tariffs accessible to inspection. by the public, as required by law. It is, therefore,

ORDERED, That the defendant, The Cincinnati, Milford and Loveland Traction Company, operate a car in the forenoon of each day of the week, from Blanchester to Cincinnati, for the transportation of milk and cream, said car picking up shipments of milk and cream at stations between Blanchester and Cincinnati, at which such shipments are offered; that it operate another car between Blanchester and Cincinnati daily, except Sunday, for the transportation of miscellaneous freight in less than carload lots; that it provide at least two suitable freight cars, in addition to any car or cars now in such service, for the transportation of freight in carloads. It is further

ORDERED, That the defendant, The Cincinnati, Milford and Loveland Traction Company, establish, promulgate and enforce rules for the delivering of freight shipments in Milford that will operate without discrimination. It is further

ORDERED, That the defendant, The Cincinnati, Milford and Loveland Traction Company, file, or cause to be filed, its passenger and freight tariffs at each of its agency stations, at such place and in such manner as will permit of convenient inspection by the public.