State ex rel. Dobney v. Chicago & Northwestern Railway Co.

Appeal from a judgment of the district court for Holt county peremptorily ordering defendant to furnish empty cars for the use of plaintiff in shipping hay.

1. Defendant argues that the district court did not have jurisdiction to entertain the application of plaintiff, nor to issue a writ to compel defendant to furnish cars, for the reason that the state railway commission, by virtue of sections 10649 et seq., Ann. St., 1907, has exclusive original jurisdiction in the premises. The point has been considered and determined adversely to defendant in State v. Chicago & N. W. R. Co., p. 524, post.

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