Northwestern Bell Telephone Co. v. Chicago & North Western Transportation Co.

I would affirm the decision of the trial court.

The majority opinion, in its attempt to single out specific sections within the text of the public utility law covering in excess of 450 pages, overlooks contrary law relating to control of railroad crossings under SDCL 31-27. We need not depend upon decisions of courts of other states predicated upon laws distinct to their state, such as California, North Dakota, Pennsylvania and Iowa, but should attempt to analyze our own codified laws. This court should recognize that Title 49, among all of the 62 titles within the South Dakota Codified Laws,…