Legal Opinion

Commercial Club v. Northern Pacific Railway Co.

Supreme Court of Minnesota

Decided December 7, 1917No. 20,595Published

From an order of the Railroad and Warehouse Commission requiring the Northern Pacific Railway Company to restore certain switching charges at Duluth, Minnesota, which had been in effect previous to January 1, 1914, the railway company appealed to the district court for St. Louis county. The appeal was heard before Cant, J., who made findings and affirmed the order of the commission. From the judgment entered pursuant to the order for judgment, defendant appealed.

1Opinion of the CourtHallam, J.

Duluth is a terminal point on defendant’s lines. For some years prior to 1914 the whole of the city of Duluth was treated by defendant and the public as a single shipping point or switching district. All transportation between points within the city was governed by a so-called switching tariff, published by defendant and approved by the Railroad and Warehouse Commission. The city was divided into three zones or sub-districts. District No. 3 included the suburbs of New Duluth, Spirit Lake and Fond du Lac, located on a spur line running out of Duluth station. On this spur there are 10 stopping…

2Cases cited2 opinions

  1. Los Angeles Switching CaseSupreme Court of the United States · 1914
  2. Washed Sand & Gravel Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1915

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