Legal Opinion · Concurrence

Pacific Telephone Etc. Co. v. Eshleman

California Supreme Court

Decided December 20, 1913No. S.F. No. 6499Published

APPLICATION for a Writ of Review directed to the members of the Railroad Commission of the State of California. The facts are stated in the opinion of the court.

1ConcurrenceSloss, J.

I agree with the conclusion that the order under review should be annulled, and concur in the judgment so declaring, but cannot assent entirely to the reasoning by which this result is reached. Important as is the determination of the right of the railroad commission to order the physical connection which it has here directed to be made between the lines of the petitioner and those of the Glenn and Tehama companies, more important still is the correct ascertainment of the extent of the power of this court to review orders of the railroad commission under the writ provided for in section 67 of…

2Cases cited26 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  3. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  4. In re the Estate of JessupCalifornia Supreme Court · 1889
  5. Imperial Water Co. v. Board of SupervisorsCalifornia Supreme Court · 1912

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