Atchison, T. & S. F. Ry. Co. v. State
Supreme Court of Oklahoma
Appeal from the Corporation Commission. Action by the State against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, and defendant appeals. The Capital Grain & Elevator Company of Oklahoma City filed an information before the Corporation Commission, alleging that the appellant violated Order No. 45 by collecting $2 switching-charges in Oklahoma City for the switching of a car load of wheat to and from its elevator.
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Appeal from the Corporation Commission. Action by the State against the Atchison, Topeka & Santa Fe Railway Company. Judgment for plaintiff, and defendant appeals. The Capital Grain & Elevator Company of Oklahoma City filed an information before the Corporation Commission, alleging that the appellant violated Order No. 45 by collecting $2 switching-charges in Oklahoma City for the switching of a car load of wheat to and from its elevator. Appellant answered in substance that the Capital Grain & Elevator Company’s elevator was on the line of the Missouri, Kansas & Texas Railway Company in…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). If the switching of the car from the appellant’s tracks over the switches of the Missouri, Kansas & Texas Railway Company to the elevator is a part of the interstate shipment, the Corporation Commission had not jurisdiction of this matter. The converse would be true if it were an intrastate shipment beginning at Bliss, Okla., and ending at Oklahoma City. As to whether it was such, it is not essential here to determine. The appellant neither performed the service* nor made the charge therefor, and, had it not collected such charge from the shipper, it would…
2Cited by1 opinion
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