Legal Opinion

Chicago & Northwestern Railway Co. v. Ochs

Supreme Court of the United States

Decided April 14, 1919No. 159PublishedCited by 32 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF ' MINNESOTA. The case is stated in the opinion. That the order for construction and maintenance of this trackage, which involves an expenditure of money and the taking of a part of the railway right Of way, amounts to a taking of the railway company’s property, there can be no question. Missouri- Pacific Ry. Co. v. Nebraska, 217 U.. S. 196; Great Northern Ry. Co. v. Minnesota, 238 U. S. 340; Chicago, Milwaukee & St. Paul Ry.

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ERROR TO THE SUPREME COURT OF THE STATE OF ' MINNESOTA. The case is stated in the opinion. That the order for construction and maintenance of this trackage, which involves an expenditure of money and the taking of a part of the railway right Of way, amounts to a taking of the railway company’s property, there can be no question. Missouri- Pacific Ry. Co. v. Nebraska, 217 U.. S. 196; Great Northern Ry. Co. v. Minnesota, 238 U. S. 340; Chicago, Milwaukee & St. Paul Ry. Co. v. Wisconsin, 238 IT. S. 491; Oregon R. R. & Nav. Co. v. Fairchild, 224 U. S. 510; Missouri Pacific. Ry. Co. v. Nebraska,…

1Opinion of the CourtJustice Van Devanteb

An order of the Railroad and Warehouse Commission of Minnesota requiring a railroad company to alter and' extend a side track leading front its main line to an adjacent brick and tile manufacturing plant is here in question. The order was made under, a local statute (Gen. Stats., 1913, §§ 4231, 4284) on complaint of the owner of the plant, after due notice and full hearing, and on successive appeals was sustained by the district court of the county and the Supreme Court of the State. 135 Minnesota, 323.

The principal controversy before the commission was as to who should bear the cost of the…

2Cases cited11 opinions

  1. Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
  2. Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
  3. Washington Ex Rel. Oregon Railroad & Navigation Co. v. FairchildSupreme Court of the United States · 1912
  4. Missouri Pacific Railway Co. v. Kansas Ex Rel. Railroad CommissionersSupreme Court of the United States · 1910
  5. Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900

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3Cited by32 opinions

  1. Thompson v. Consolidated Gas Utilities Corp.Supreme Court of the United States · 1937
  2. United Fuel Gas Co. v. Railroad CommissionSupreme Court of the United States · 1929
  3. Producers Transportation Co. v. Railroad CommissionSupreme Court of the United States · 1920
  4. Interstate Commerce Commission v. Oregon-Washington Railroad & NavigationSupreme Court of the United States · 1933
  5. Western & Atlantic Railroad v. Georgia Public Service CommissionSupreme Court of the United States · 1925

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