Pierce Butler

“ The maintenance cost for some years will be slight, and if the business done over the track does not justify its maintenance, the question of its abandonment will be open then.' 275 Fed. 128.
We are unable to agree that the cost in material and labor is all that is involved in this case. Plaintiff seeks to be relieved, not only from constructing the side track, but also from maintaining it in suitable condition for use and, from the cost and expense of using and operating it for the movement of cars to and from the warehouse. The value of all these is involved. ”

“ The affadavit of the plaintiff's general manager supports the allegations of the complaint and states that the patrons of the plaintiff, including the Farmers' Warehouse Company, have adequate trackage and depot facilities, not only to take care of present business but of any probable increase at Smyrna; that the railroad line from Atlanta to Chattanooga is largely single track; that the traffic is very heavy, and that the problem of keeping trains moving promptly is serious and difficult ”

“ A law of Georgia (section 2664 of the 1910 Georgia Code) authorizes the commission to prescribe rules with reference to spur tracks and side tracks, and with reference to their use and construction, and gives it power to compel service to be furnished warehouses and similar places of business along the line of railroads where practicable and in the judgment of the commission the business is sufficient to justify, and on such terms and conditions as the commission may prescribe. ”