Codd v. McGoldrick Lumber Co.

Petitioners and plaintiffs seek a writ of mandate compelling defendant company to operate its logging railroad as a common carrier of lumber, logs and lumber products, the only service in issue. The essential question is whether defendant is a common carrier or public utility. Hence, while the matter in the affidavit or petition referred to in subds. (a) and (d), p. 2, of defendant’s motion to strike as irrelevant, is perhaps not essential to the cause of action stated, it has some relevancy to the representations as to its future operations alleged to have been made by the defendant before…