Mississippi R. Commission v. Illinois Cent. R.
Mississippi Supreme Court
Appeal from the chancery court of Hinds county. HoN. O. B. Taylor, Chancellor. Bill by the Illinois Central Eailroad Company against the Mississippi Eailroad Commission. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Hinds county. HoN. O. B. Taylor, Chancellor. Bill by the Illinois Central Eailroad Company against the Mississippi Eailroad Commission. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. It is the theory of the Eailroad Company that the commission has no power to order a plantation road to be constructed by the Eailroad Company under section 4058 of the Code, and the company contends that the sole right of proceeding under this statute is for the person desiring the crossing to bring a suit for the…
1Opinion of the Court
Holden, J.,
delivered tbe opinion of tbe court.
This is an appeal by tbe State Railroad Commission from a decree of tbe chancery court of Hinds county making perpetual an injunction against tbe Railroad Commission from enforcing an order requiring the Illinois Central Railroad Company to establish a plantation road crossing under its track at trestle No. 66566. Tbe bill filed by tbe railroad company seeking tbe injunction was based upon two grounds: First, that tbe Railroad Commission in making tbe order acted under section 4058 of tbe Code of 1906, and that tbe Commission bad no jurisdiction…
2Cases cited4 opinions
- Gulf & Ship Island Railroad v. Mississippi RailroadMississippi Supreme Court · 1908
- Seelbinder v. Illinois Central RailroadMississippi Supreme Court · 1895
- Kansas City, Memphis & Birmingham Railroad v. JonesMississippi Supreme Court · 1895
- Southern Railway Co. v. MurrellMississippi Supreme Court · 1900
3Cited by3 opinions
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932
- Chicago, Burlington & Quincy Railroad v. MalmgrenAppellate Court of Illinois · 1922
- Jackson v. St. Louis & S. F. Ry. Co.Mississippi Supreme Court · 1919