Pierce Butler

“ Appellants complaint that appellee has not sought injunction against the operation of the order as to the lines of the Third Avenue Company-which owns the stock of the appellee-and asserts that a diversion of traffic from other lines to that company has resulted from the injunction. The lines, as to which the order was enjoined, are relieved by the decree from the obligation of dividing the joint fare of five cents. If the rates enjoined are confiscatory, appellee is entitled to relief, notwithstanding its obedience to the order in respect of other lines and fares. ”

“ Change of cars remained necessary. The designation of transfer points and the requirement that transfer tickets be given and received by carriers were for the purpose of giving to the passenger the additional transportation without additional payment. The amount of the fare prescribed was not essential and had no relation to the use of connecting lines for a continuous journey. The state has power to require street railways and like utilities to provide reasonably adequate facilities and services, even though compliance may be attended by some pecuniary disadvantage. Railroad Commission v. ”

“ The number of passengers carried at five cents each; (2) the number of joint rate passengers carried at two cents each; (3) the average revenue per passenger, exclusive of free transfer passengers; (4) the average cost per passenger, including operating expenses and taxes, but excluding any amount for depreciation or interest; (5) the average cost per passenger, exclusive of depreciation, but including interest at 5 per cent. ”

“ It is well known, and the court will take judicial notice of the fact, that the purchasing power of money has been much less since 1917 than it was in 1912, when the order was made; and that the cost of labor, materials and supplies necessary for the proper operation and maintenance of street railways has greatly increased. ”

“ The decree, following the prayer of the complaint, enjoins the enforcement of the order except as to transfers at First and Third avenues, Broadway and Tenth avenue.
There is involved only the rates applicable to a part of the company's business. ”