Posts Tagged ‘lawsuit’

Street Railway Loses Suit, Must Double-Track Washington St.

Monday, November 29th, 1915

According to the records at Open Jurist,

In June, 1913, the Corporation Commission of the State of Arizona made an order directing [the Street Railway] to double-track its line of street railway on West Washington street in the city of Phoenix… between Seventh and Seventeenth avenues,—a distance of ten blocks…

In October 1915, the Street Railway sued the Corporation Commission, arguing that

the order was unjust and unreasonable because the service already rendered upon Washington street… was adequate and efficient; that the construction of a double track was not required by the needs of the public; that… operating expenses exceeded its revenues, and that it was unable to make the additional expenditure of about $14,000 required for the double-tracking… [and that] the order had the effect of depriving [the Railway] of its property without due process of law… in violation of the 14th Amendment…

The court, however, on 29 November 1915 judged against the Railway, finding that

…There is abundant evidence of substantial inconvenience to the public owing to the fact that there is but a single track with one turnout between Seventh and Seventeenth avenues, and some evidence tending to create an inference that the revenues of the company would be materially increased by the double-tracking. The Commission’s order appears to have been made after full hearing and investigation respecting these matters…