Southern Pac. Co. v. Railroad Commission
Oregon Supreme Court
From Marion: William Galloway, Judge.' Statement by Mr. Justice McBride. This is a suit by the Southern Pacific Company, a corporation, against the Railroad Commission of Oregon, to enjoin defendant from putting into effect its order, requiring plaintiff to construct and maintain a spur on its main line at the town of Edenbower, in Douglas County.
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From Marion: William Galloway, Judge.' Statement by Mr. Justice McBride. This is a suit by the Southern Pacific Company, a corporation, against the Railroad Commission of Oregon, to enjoin defendant from putting into effect its order, requiring plaintiff to construct and maintain a spur on its main line at the town of Edenbower, in Douglas County. In December, 1909, certain citizens of Edenbower filed a complaint with the Railroad Commission, setting forth that a flag station for local passenger trains and a siding for freight and express trains were necessary, and asking that the defendant…
1Opinion of the CourtJustice McBride
The validity of the order of the Railroad Commission is assailed upon three grounds namely: (1) That the legislature is without power to authorize the Commission to direct the building of new spurs or side tracks; (2) that, conceding that the legislature had such power, it has not delegated it to the Commission; and (3) that the exercise of the power in the present instance is so unreasonable that it is void, or at least that the order should be reversed upon the facts shown to exist.
1. Taking these propositions in the order stated, we are of the opinion that the legislature has power to…
2Cases cited10 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- ILLINOIS CENT. & C. RR v. Inter. Com. Comm.Supreme Court of the United States · 1907
- Olcott v. SupervisorsSupreme Court of the United States · 1873
- Lake Superior & Mississippi Railroad v. United StatesSupreme Court of the United States · 1877
- Railroad Commissioners v. Portland & Oxford Central RailroadSupreme Judicial Court of Maine · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber CoCourt of Appeals for the Ninth Circuit · 1950
- Morgan v. Portland Traction Co.Oregon Supreme Court · 1958
- Southern Pacific Co. v. ARIZONA CORPORATION COM'NArizona Supreme Court · 1965
- Oregon-Washington Railroad & Navigation Co. v. CoreyOregon Supreme Court · 1926
- Price v. SanditenSupreme Court of Oklahoma · 1934
3 more not listed; retrieve them via the Exa API.