Legal Opinion · Concurrence

State ex rel. St. Joseph Railway v. Public Service Commission

Supreme Court of Missouri

Decided December 22, 1917Published

Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) Section 50 of the' Public Service Commission Law (Laws 1913, p. 589) provides that the expense of grade crossing elimination shall be by the Public Service Commission “divided between the railroad- or street railroad corporations affected, or between such corporations and.the State, county, municipality or other public authority in interest.”

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Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) Section 50 of the' Public Service Commission Law (Laws 1913, p. 589) provides that the expense of grade crossing elimination shall be by the Public Service Commission “divided between the railroad- or street railroad corporations affected, or between such corporations and.the State, county, municipality or other public authority in interest.” Acting under the authority of this statute, the Public Service Commission lawfully apportioned a reasonable part of thd expense of the grade-crossing improvements to the Street Bailway…

1ConcurrenceBlair, J.

(concurring) — I concur in all of this opinion except that portion which holds that in cases like this the court weighs the evidence as in a suit inequity. My views upon that question are expressed in State ex rel. v. Public Service Commission, 196 S. W. 360. Williams, J,, concurs herein.

2Cases cited1 opinion

  1. Texas & P. Ry. Co. v. JonesCourt of Appeals of Texas · 1917

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