Lusk v. Public Service Commission
Supreme Court of Missouri
Appeal from Cole' Circuit Court. — Ron. J. G. Slate, Judge. (1) Upon the record the court should have reversed the order of the Public Service Commission as to the railroad company, the record showing that the company was not operating any of the railroad at the time or after the complaint was filed.
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Appeal from Cole' Circuit Court. — Ron. J. G. Slate, Judge. (1) Upon the record the court should have reversed the order of the Public Service Commission as to the railroad company, the record showing that the company was not operating any of the railroad at the time or after the complaint was filed. (2) The court had no power or jurisdiction under the Public Service Law to make the order requiring appellants to re-route their trains 801 and 802. The Commission relies on Sections 49 and 51 of said law for such authority and jurisdiction, but said sections do not support such authority or…
1Opinion of the Court
LAMM, Special Judge.
A statement of the facts pertinent to the decision of questions raised on this appeal will appear in connection with rulings on those questions. However, it has seemed sensible to fetch a small compass by way of ,qn outline of the case in limine, to the end that it may have an understandable setting for discussion, thus:
The mayor and aldermen of Caruthersville, on behalf of that city and its people (and virtute officii), filed a complaint with respondent Commission of three specifications, in substance, to-wit:
First: It was charged that appellants, unmindful of the safety…
2Cases cited5 opinions
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
- CHI., B. & Q. RY. v. Wisconsin RR Com.Supreme Court of the United States · 1915
- Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1918
- State ex rel. Mo. Pac. Ry. Co. v. AtkinsonSupreme Court of Missouri · 1917
- State ex rel. Missouri Pacific Railway Co. v. Public Service CommissionSupreme Court of Missouri · 1918
3Cited by14 opinions
- State Ex Rel. Rouveyrol v. DonnellySupreme Court of Missouri · 1956
- State Ex Rel. City of Kansas City v. Public Service CommissionSupreme Court of Missouri · 1951
- Christian v. DunaventCourt of Appeals of Texas · 1921
- FOSTER BROS. MPG. CO. v. State Tax Commission of Mo.Supreme Court of Missouri · 1958
- State Ex Rel. Capital City Water Co. v. Public Service CommissionSupreme Court of Missouri · 1923
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