State ex rel. Missouri, Kansas & Texas Railway Co. v. Public Service Commission
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Eon.. J. G. Slate, Judge. (1) “The Public Service Commission derives its power to act from the terms and intendment of the legislative enactments which create that body.” State v. Pub. Serv. Com., 199 S. W. 1001; State ex rel. United Ry. Co. v. Pub. Serv.
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Appeal from Cole Circuit Court. — Eon.. J. G. Slate, Judge. (1) “The Public Service Commission derives its power to act from the terms and intendment of the legislative enactments which create that body.” State v. Pub. Serv. Com., 199 S. W. 1001; State ex rel. United Ry. Co. v. Pub. Serv. Com., 270 Mo. 429. The Commission derives its authority to order changes in train schedules or additional service solely and exclusively from Sec. 51, Laws 1913, p. 590. By said section the Commission was without authority to interfere with appellant’s interstate train schedules at Pilot Grove. State ex rel.…
1Opinion of the CourtWalker, J.
This appeal seeks the review of a judgment of the circuit court of Cole County, affirming an order of the Public Service Commission.
The. complaint filed with the Commission, upon which its order was based, is as follows:
“The complaint of W. A. Scott, Mayor of Pilot Grove, Cooper County, Missouri, respectfully shows that the Missouri, Kansas & Texas Railroad Company has and does refuse to stop trains Nos. 9 and 10 at this, Pilot Grove, station for any point on their system other than St. Louis on the east and Parsons, Kansas, on the south; that this city has enjoyed this train service…
Also in this document: Concurrence.
2Cases cited8 opinions
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Burlington, Cedar Rapids & Northern Railway Co. v. DeySupreme Court of Iowa · 1891
- State ex rel. City of Sedalia v. Public Service CommissionSupreme Court of Missouri · 1918
- Portland Railway, Light & Power Co. v. Railroad CommissionSupreme Court of the United States · 1913
- State ex rel. United Railways Co. v. Public Service CommissionSupreme Court of Missouri · 1917
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3Cited by14 opinions
- Commonwealth Ex Rel. Attorney General v. BennSupreme Court of Pennsylvania · 1925
- State Ex Rel. Smith v. SmithOregon Supreme Court · 1953
- State Ex Rel. Crown Coach Co. v. Public Service CommissionMissouri Court of Appeals · 1944
- State Ex Rel. Capital City Water Co. v. Public Service CommissionSupreme Court of Missouri · 1923
- State Ex Rel. Gehrs v. Public Service CommissionMissouri Court of Appeals · 1938
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