Lucking v. Detroit & Cleveland Navigation Co., 265 U.S. 346 (1924)

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Lucking v. Detroit & Cleveland Navigation Company

No. 212

Argued March 11, 12, 1924
Decided May 26, 1924
265 U.S. 346

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. A suit by a past and prospective passenger and shipper to compel continued operation of a steamboat route as a service required by the Act to Regulate Commerce held within the jurisdiction of the district court as one arising under the laws of the United States. P. 349.

2. A corporation organized under the Michigan Commerce and Navigation Act of 1867; c. 181, Comp.Laws 1897, to operate steamboats, no particular route being designated, and which had no power of eminent domain or special privilege respecting its business, held free, under the law of Michigan, in the absence of any restraining contract, to abandon operation of one of its routes. Id.

3. A common carrier by water owes no common law duty not to cease operating its boat. P. 350.

4. The duty of an interstate carrier by water under § 1, subdiv. (4) of the amended Interstate Commerce Act, to furnish transportation upon reasonable request does not oblige it to continue operation of boats on a particular route, and § 1, subdiv. (18) of the Commerce Act, concerning abandonment, relates only to railroads. P. 351.

284 F. 497 affirmed.

Appeal from a decree of the circuit court of appeals affirming a decree of the district court which dismissed, on the merits, a bill brought by the appellant to compel the appellee to continue operating a line of steamboats.