State ex rel. La Follette v. Chicago M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Mandamus by the state, on the relation of W. T. La Follette and others, constituting the Board of Railway Commissioners of South Dakota, against the Chicago, Milwaukee & St. Paul Railway Company and others. From an order sustaining a demurrer to the complaint, plaintiffs appeal.
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Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Mandamus by the state, on the relation of W. T. La Follette and others, constituting the Board of Railway Commissioners of South Dakota, against the Chicago, Milwaukee & St. Paul Railway Company and others. From an order sustaining a demurrer to the complaint, plaintiffs appeal. The legislature has the power to compel a common carrier to do business in the ordinary and usual way and therefore may compel such interchange of cars as incidéntal to the business for which the company was chartered. The Supreme Court of Iowa…
1Opinion of the CourtFuller, J.
By this appeal we are called upon to review the action of the trial court in sustaining a demurrer to a complaint containing, in substance, the following allegations: That plaintiffs constitute the duly elected, qualified, and acting Board of Railway Commissioners of this state, and the defendants are duly organized railroad corporations, each owning and operating a line of railway in and through the city of Aberdeen, within which all such lines meet and cross each other at grade, and practically at the same point. That there are no track connections or facilities for the interchange of cars…
2Cases cited3 opinions
- Evans v. Fall River CountySouth Dakota Supreme Court · 1896
- John C. Oswald & Co. v. MoranNorth Dakota Supreme Court · 1898
- People ex rel. City of Niagara Falls v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- New York Central Railroad v. Public Service CommissionIndiana Supreme Court · 1922
- State ex rel. Northern Pacific Railway Co. v. Public Service CommissionWashington Supreme Court · 1917
- Commerce Commission Ex Rel. Danville Brick Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Illinois Supreme Court · 1926