Aandahl v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from the District Court of McKenzie County, Fish, J. Statement by Biedzelu, J. This is an. appeal from a judgment entered in the district court of McKenzie county, under which the defendant and appellant is compelled to construct and maintain a platform and station within the village of East Fairview, North Dakota,, sufficient to care for such passengers as may take the train at that place.
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Appeal from the District Court of McKenzie County, Fish, J. Statement by Biedzelu, J. This is an. appeal from a judgment entered in the district court of McKenzie county, under which the defendant and appellant is compelled to construct and maintain a platform and station within the village of East Fairview, North Dakota,, sufficient to care for such passengers as may take the train at that place. The proceedings were initiated by a petition signed by residents of the village of East Fairview and addressed to the Board of Railroad Commissioners, asking that the appellant railroad company be…
1Opinion of the CourtBirdzell, J.
(after stating the facts as above). The question presented is one of the power of the Board of Eailroad Commissioners to make the order which lies at the foundation of the judgment of the district court. The existence of this power is dependent upon the statutes which prescribe the powers and duties of the commissioners of railroads. Its seems to be practically conceded that there is no statute which contains a specific authorization in express terms. Section 589, Compiled Laws of 1913, vests in the Eailroad Commissioners general supervision over all railways, etc., and authorizes them to…
2Cases cited11 opinions
- Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- People Ex Rel. Attorney-General v. New York, Lake Erie & Western R. R.New York Court of Appeals · 1887
- People ex rel. Hunt v. Chicago & Alton RailroadIllinois Supreme Court · 1889
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