Legal Opinion

Chicago, Burlington & Quincy Railroad v. Railroad Commission

Supreme Court of the United States

Decided April 12, 1915No. 198PublishedCited by 22 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP WISCONSIN. The facts, which involve the validity of an order of the Wisconsin State Railroad Commission requiring the stoppage of interstate trains at a local station and the constitutionality of the statute on which it was based, are stated in the opinion. The passenger service furnished to small villages in Wisconsin prior to the enactment of §1801, Wisconsin statutes, was not adequate or reasonable.

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ERROR TO THE SUPREME COURT OP THE STATE OP WISCONSIN. The facts, which involve the validity of an order of the Wisconsin State Railroad Commission requiring the stoppage of interstate trains at a local station and the constitutionality of the statute on which it was based, are stated in the opinion. The passenger service furnished to small villages in Wisconsin prior to the enactment of §1801, Wisconsin statutes, was not adequate or reasonable. The question of the adequacy and reasonableness of a particular service is primarily one for the determination of the state legislature. The decision…

1Opinion of the CourtJustice McKenna

Error to review a judgment of the Supreme Court of Wisconsin sustaining an order of the railroad commission of that State requiring under a law of the State the railroad company to stop two of its passenger trains, each way daily, at the station of Cochrane.

The statute under which the order was made is as follows:

“Every corporation operating a railroad shall maintain a station at every village, whether incorporated or not, having a post office and containing two hundred inhabitants or more, through or within one-eighth of a mile of which its line or road runs, and shall provide the necessary…

2Cases cited8 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. Missouri Pacific Railway Co. v. Kansas Ex Rel. Railroad CommissionersSupreme Court of the United States · 1910
  5. Mississippi Railroad Commission v. Illinois Central RailroadSupreme Court of the United States · 1906

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3Cited by22 opinions

  1. Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921
  2. Railroad Commission of Texas v. Eastern Texas RailroadSupreme Court of the United States · 1924
  3. Chesapeake & Ohio Railway Co. v. Public Service CommissionSupreme Court of the United States · 1917
  4. Mississippi Railroad Commission v. Mobile & Ohio RailroadSupreme Court of the United States · 1917
  5. City of Dallas v. ShortallTexas Supreme Court · 1938

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