Winner Milling Co. v. Chicago & North Western Railway Co.
South Dakota Supreme Court
Action by Winner 'Milling 'Company, a corporation, substituted as complainant for J. J. Brewer and L. A. Os'born co-partners a's Winner Milling Company, against the Chicago & Northwestern Railway Company, a corporation. An order of the State Board, of Railway Commissioners having been made directing defendant railroad, company to construct a sidetrack from its main line to plaintiff’s mill, defendant company attempted to appeal therefrom to the Supreme Court.
1Opinion of the CourtPolley, P. J.
[1] This matter is here on appeal from an order made by the board of railroad commissioners. Plaintiff built a flour mill adjacent to the railroad right of way in the town of Winner. On petition by plaintiff to the board of railroad commissioners that body made an order directing the railroad company to construct a side track from the the main line of its road to plaintiff’s mill. -From such order the railroad company is attempting to appeal directly to this court.
[1] By chapter 290, Laws of 1919, the Legislature attempted to authorize an appeal from orders made by the board of railroad…
2Cases cited6 opinions
- Oneida Navigation Corp. v. W. & S. Job & Co.Supreme Court of the United States · 1920
- Ex parte Batesville & Brinkley RailroadSupreme Court of Arkansas · 1882
- Hubbell v. McCourtWisconsin Supreme Court · 1878
- State v. BrownellWisconsin Supreme Court · 1891
- Holden v. HaserodtSouth Dakota Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- North Bend Stage Line, Inc. v. Department of Public WorksWashington Supreme Court · 1932
- Downs v. Bruce Independent School District No. 49South Dakota Supreme Court · 1927
- In Re Swanson's EstateSouth Dakota Supreme Court · 1947
- Warren v. BrownSouth Dakota Supreme Court · 1930
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. Board of Railroad CommissionersSouth Dakota Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.