Kansas City Southern Railway Company v. State

I respectfully dissent from the majority opinion. The facts are undisputed. A fair and concise summation by appellant is: ‘ ‘ The Kansas City Southern Railway Company (Defendant-Appellant) is a common carrier for hire. It operates a main line railroad through the states of Missouri, Kansas, Arkansas, Oklahoma, Louisiana and Texas, from Kansas City, Missouri, to Port Arthur, Texas. Said main line railroad does not serve Port Smith. It runs through Oklahoma several miles west of Port Smith. Appellant operates a branch line railroad from Poteau, Oklahoma, to Port Smith, over 28.74 miles of track…