Legal Opinion

State ex rel. Missouri Pacific Railway Co. v. Public Service Commission

Supreme Court of Missouri

Decided March 5, 1918PublishedCited by 2 opinions

Appeal from Cole Circuit Court. — Hon. A. W. Walker, Judge. (1) It is the duty of a common carrier to give adequate local service, that is, a service equal to reasonable requirements, regard being had to the size of the place, the demand for transportation, the cost of the proposed service, and all the other facts having a bearing upon the relative convenience and necessity and the relative cost of the service. 33 Cyc. 639; State ex rel. v. Atkinson, 192 S. W. 86; Sec. 47,…

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Appeal from Cole Circuit Court. — Hon. A. W. Walker, Judge. (1) It is the duty of a common carrier to give adequate local service, that is, a service equal to reasonable requirements, regard being had to the size of the place, the demand for transportation, the cost of the proposed service, and all the other facts having a bearing upon the relative convenience and necessity and the relative cost of the service. 33 Cyc. 639; State ex rel. v. Atkinson, 192 S. W. 86; Sec. 47, subdiv. 2, and Section 51, Public Service Commission Act, Laws 1913; Railroad v. Wharton, 207 U. S. 335; Railroad v.…

1Opinion of the CourtFaris, J.

This is an appeal by the Public Service Commission from a judgment rendered in the circuit court of Cole County, whereby an order made by the Public Service Commission was modified.

Upon a hearing by the Public Service Commission of a complaint filed by A. B. Cole, as mayor of the city of California, against the Missouri Pacific Railway Company, and Benjamin F. Bush, the receiver’ thereof, wherein a better and more adequate interstate-train service was prayed for, the Public Service Commission (hereinafter referred to as the Commission) made therein, so far as is pertinent to the points…

2Cases cited9 opinions

  1. Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
  2. Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
  3. Washington Ex Rel. Oregon Railroad & Navigation Co. v. FairchildSupreme Court of the United States · 1912
  4. Gladson v. MinnesotaSupreme Court of the United States · 1897
  5. Atlantic Coast Line Railroad v. WhartonSupreme Court of the United States · 1907

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3Cited by2 opinions

  1. Lusk v. Public Service CommissionSupreme Court of Missouri · 1919
  2. State ex rel. Missouri, Kansas & Texas Railway Co. v. Public Service CommissionSupreme Court of Missouri · 1919

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