Legal Opinion

Atchison, T. & S. F. Ry. Co. v. State

Supreme Court of Oklahoma

Decided February 16, 1909No. 438PublishedCited by 6 opinions

Appeal from, the Corporation Commission. Action by the State, and others against the Atchison, Topeka & Santa Fe Railway Company before the Corporation Commission. From the judgment, the Railway Company appeals.

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Appeal from, the Corporation Commission. Action by the State, and others against the Atchison, Topeka & Santa Fe Railway Company before the Corporation Commission. From the judgment, the Railway Company appeals. On April 13, A. D. 1908, certain resident taxpayers of the town of Payson and vicinity petitioned the Corporation Commission to investigate the action of the Atchison, Topeka & Santa Fe Railway Company, whereby said company had withdrawn its telegraph operator and the telegraph instruments from its office in said town of Payson, Lincoln county, Olda., representing that since the…

1Opinion of the CourtWilliams, J.

(after stating the facts as above). The only party against whom the order appealed from runs, or was complained against, is the Atchison, Topeka & Santa Fe Railway Company. The undisputed proof shows that said railway company was not engaged in the telegraph business for commercial purposes, but only for the transacting of its business as a transportation company.

In the case of People’s Telephone Co. v. Eastern Railroad Co. of Minnesota et al. (decided by the Railroad Commission of Wisconsin on October 12, A. D. 1908), the Commission in its opinion said:

“The only telephone facilities that…

2Cases cited7 opinions

  1. Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
  2. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  3. Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
  4. Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
  5. Insurance Co. v. WeideSupreme Court of the United States · 1871

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1909
  2. Woody v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1913
  3. Alabama Public Service Commission v. Louisville &. N. R.Supreme Court of Alabama · 1921
  4. Western Union Telegraph Co. v. StateSupreme Court of Oklahoma · 1912
  5. Barrett v. StateCourt of Criminal Appeals of Oklahoma · 1935

1 more not listed; retrieve them via the Exa API.

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