September 10, 1935 B.R.C. File No. 39310.22 (Otterville Sub. - Hickson to Tavistock Jct.) (Ottawa)

The Board of
Railway Commissioners for Canada

Application of the Canadian National Railways for an Order granting leave to abandon the operation of its Otterville Subdivision in the Province of Ontario, between Hickson (M. 49.10) and Tavistock Junction (M. 55.6)—a distance of 6.5 miles.

File 39310.22

Judgment

McLean, Assistant Chief Commissioner:

Application is made by the Canadian ational Railways under section 165A of the Railway Act, section 2, subsection 3, of the Canadian National-Canadian Pacific Act, 1933, and all other appropriate statutory provisions, for al) order granting it leave to abandon the operation of a portion of the Otterville Subdivision, in the province of Ontario, between Hickson (M. 49.10) and Tavistock Junction (M. 55.6)—a distance of 6.5 miles.

The line in question was opened in 1876, and was built under the charter of the Port Dover and Lake Huron Railway Company, which, as the result of various amalgamations, has become amalgamated with the Canadian National Railway Company. There has been no train service operated over and no maintenance done on the line since Decembcr 4, 1932. The line passes through well-settled territory, in wh:ch dairying and live stock raising form the principal industries. Thc country roads are improved by being hard surfaced. There is no town between Hick on and Tavistock Junction. Trucking has developed to a considerable extent; for example, freight from the north is handled by truck. Milk is handled by truck for the Borden Creamery, which has a plant at Hickson. The existing service is stated not to be satisfactory. It is stated that what formerly was express business is now largely handled by truck. There is a dispute as to whether the change is because of the nature of the service afforded by the, railway or because of the competition to which the railway is subjected.

From October 1, 1930, to September 30, 1931, the passenger revenue at Hickson amounted to $669. This includes the passenger revenue from Hickson south, and from the southern points, from St. George and Woodstock north to Hickson, as well as from Tavistock to Hickson.

Having in mind the light traffic and the good roads supplied, it would appear that the general interests transcend the local interest and, therefore, the application may be allowed. This is without prejudice to such remedies, if any, as may be open to the parties in a court of competent jurisdiction.

S. J. McLean

I concur,

T.C. Norris

I dissent; reasons given my judgment annexed

F. N. G.

September 10, 1935.

Railways: C.N.Rys.

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