Re: Freight on the Cumbres & Toltec Scenic question

This is probably a question that could make a few lawyers rich if there ever was a dispute worth pursuing in court. The first question might be is the C&TS a common carrier, and the second might be if they are a common carrier what exactly does that mean. I recently read in the trade press that the current railway service issues related to supply chain problems are raising the question what exactly are the service obligations of a common carrier. It has been a long time since I studyied that sort of thing, but I seem to remember the concept of common carriage is rooted in common law, so there are not necessarily clear statutory rules. And whatever body of law and precedent that was created under the old ICC rules was totally upended by dereg under the Staggers act. Net net, I'm not sure there is a clear answer. On the other hand I suspect if you showed up with a bonafide need for service you could make a deal.

JBWX