State ex rel. Lemke v. Chicago & Northwestern Railway Co.
North Dakota Supreme Court
Original application for writ of injunction. Statement by Birdzelu, J. This is an original application for an alternative writ of injunction restraining the respondent railway companies from continuing to charge rates and fares according to schedules filed under a pux’ported order of the Board of Railroad Commissioners.
Read the full summary
Original application for writ of injunction. Statement by Birdzelu, J. This is an original application for an alternative writ of injunction restraining the respondent railway companies from continuing to charge rates and fares according to schedules filed under a pux’ported order of the Board of Railroad Commissioners. Upon presentation of the application an order was issued out of this court, requiring the defendants to show cause why they should not be permanently _enjoined from charging any increase in intrastate passenger or freight rates, and from further contixxuing to charge the…
1ConcurrenceGrace, J.
Relator having made and filed'a motion in this eonrt for modification of the original decision and order, a further hearing, upon elements of the case not considered in the *329previous decision and restraining order, was, by this court, permitted and ordered.
The motion was fully argued by all parties, in which a further decision, covering additional points not incorporated in the original decision, has been written. Upon the petition originally presented to this court, it assumed original jurisdiction. It exercised its power under that jurisdiction, to declare the order of the Railroad…
2Cases cited1 opinion
- State v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919