Legal Opinion

Missouri, Kansas & Texas Railway Co. v. State

Texas Supreme Court

Decided January 12, 1916No. Application No. 9049Published

Application for writ of error to the Court of Civil Appeals for the Third District, in an appeal from Travis County. The State sued the Railway Company and had judgment recovering penalties. Upon the affirmance on the company’s appeal, it applied for writ of error. '

1Opinion of the CourtChief Justice Phillips

The case involves the validity of what is commonly known as “The Thirty Minute Order” of the Railroad Commission of Texas as applied to certain trains of the plaintiff in error, which, according to its claim, were interstate in character and, therefore, not subject to the regulation. The question presented is a vital one, concerning in a large measure the powers of the Railroad Commission and important also to the railway carriers of the State; and it is preferable for this reason that the views of the court in its action upon the petition be briefly stated.

The order of the Railroad…

2Cases cited8 opinions

  1. County of Mobile v. KimballSupreme Court of the United States · 1881
  2. Wisconsin Central Railroad v. United StatesSupreme Court of the United States · 1896
  3. Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
  4. New York, New Haven & Hartford Railroad v. New YorkSupreme Court of the United States · 1897
  5. Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896

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