Legal Opinion

Richards v. Public Service Commission

Supreme Court of Missouri

Decided April 8, 1922PublishedCited by 6 opinions

Appeal from Jackson Circuit Court... — Hon.' Thad B. London, Judge. (1) The railroad switch track involved in this case, constructed under grant of public authority, and operated and maintained by a common carrier, is a ‘ ‘ railroad ’ ’ within the provisions of Sec. 14, Art. XII, Mo. Constitution. Dietrich v. Murdock, 42 Mo. 279; Brown v. Ry.

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Appeal from Jackson Circuit Court... — Hon.' Thad B. London, Judge. (1) The railroad switch track involved in this case, constructed under grant of public authority, and operated and maintained by a common carrier, is a ‘ ‘ railroad ’ ’ within the provisions of Sec. 14, Art. XII, Mo. Constitution. Dietrich v. Murdock, 42 Mo. 279; Brown v. Ry. Co., 137 Mo. 529; Union Line Co. v. Railway, 233 U. S. 211-222; Railroad Co. v. Coal Co., 161 ¡Mo. 288. And within the provisions of the Public Service Commission Law; Subdiv. 6 and 8, Sec. 10411 and Sec. 10425, R. S. 1919. That part of the track to be…

1Opinion of the Court

This is an appeal from a judgment of the Circuit Court of Jackson County, setting aside and annulling an order of the Public Service Commission requiring the Union Pacific Railroad Company to operate the whole of a certain switch track in Kansas City, for the use of all the owners of lots over which it passes without discrimination between them.

The switch track in question begins at the point of its connection with a side track of the Union Pacific Railroad Company on or near the west line of lot 25 in block 45 of Turner's Addition to Kansas City, extends thence northeasterly across the alley…

2Cases cited8 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908
  3. Union Lime Co. v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1914
  4. Morrison v. MarquardtSupreme Court of Iowa · 1867
  5. Glaessner v. Anheuser-Busch Brewing Ass'nSupreme Court of Missouri · 1890

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Byam v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
  2. Connell v. Jersey Realty & Investment Co.Supreme Court of Missouri · 1944
  3. Johnson v. FergusonSupreme Court of Missouri · 1931
  4. State Ex Rel. Doniphan Telephone Co. v. Public Service CommissionSupreme Court of Missouri · 1963
  5. State Ex Rel. Kansas City Southern Railroad v. Public Service CommissionSupreme Court of Missouri · 1930

1 more not listed; retrieve them via the Exa API.

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