Chicago, R. I. & P. Ry. Co. v. State
Supreme Court of Oklahoma
Appeal from the State Corporation Commission. Action by the State, the Apache Milling Company, and the Miller Grain Company against the Chicago, Rock Island & Pacific Railway Company. Judgment for plaintiffs, and defendant brings error. The Constitution of Oklahoma, art. 9, § 33, provides the manner and terms for securing the side track demanded by complainants, the track being sought for a private and not a public use.
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Appeal from the State Corporation Commission. Action by the State, the Apache Milling Company, and the Miller Grain Company against the Chicago, Rock Island & Pacific Railway Company. Judgment for plaintiffs, and defendant brings error. The Constitution of Oklahoma, art. 9, § 33, provides the manner and terms for securing the side track demanded by complainants, the track being sought for a private and not a public use. To deprive the officers of the railway company of the franchises and powers vested in them by law to exercise their discretion and judgment in the location and construction of…
1Opinion of the CourtKane, J.
The Apache Milling Company and the Miller Grain Company, of Apache, Okla., filed two separate complaints before the Corporation Commission, which by agreement were consolidated. The original complaint of the Apache Milling Company alleges, in substance: That there is a necessity for additional sidings or side-track facilities upon the line of the Enid & Anadarko branch of the Chicago, Rock Island & Pacific Railway Company at its station at Apache, Caddo county, Okla.; that the complainant is a corporation organized under the laws of Oklahoma, doing business at the city of Apache, and has been…
2Cases cited5 opinions
- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900
- Missouri Pacific Railway Co. v. NebraskaSupreme Court of the United States · 1896
- Gladson v. MinnesotaSupreme Court of the United States · 1897
3Cited by14 opinions
- C. C. Julian Oil & Royalties Co. v. CapshawSupreme Court of Oklahoma · 1930
- Columbia Bank & Trust Co. v. United States Fidelity & Guaranty Co.Supreme Court of Oklahoma · 1912
- Missouri, O. & G. Ry. Co. v. StateSupreme Court of Oklahoma · 1911
- State Ex Rel. Short v. RiedellSupreme Court of Oklahoma · 1924
- St. Louis S. F. R. Co. v. ZalondekSupreme Court of Oklahoma · 1911
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