Larabee Flour Mills Co. v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Burch, J.:

The plaintiff asks that a writ of mandamus be issued to compel the defendant to perform certain of its duties as a common carrier. The facts as found by a commissioner app.ointed to take the testimony and report findings of fact are as follow:

“(1) In the succeeding findings the Missouri Pacific Railway Company will be referred to as ‘the Mis- • souri Pacific’; the Atchison, Topeka & Santa Fe Railway Company as ‘the Santa Fe’; the Missouri Valley Car Service and Storage Association as ‘the car-service association’; and the plaintiff as ‘the…