Legal Opinion

Chicago, Burlington & Quincy Railroad v. Public Service Commission

Supreme Court of Missouri

Decided December 22, 1915PublishedCited by 16 opinions

Appeal from Cole Circuit Court. — Eon. J. G. Slate, Judge. Under tlie evidence in tliis case as to tlie places and persons interested, tlie volume of business to be affected, tbe amount of public demand and necessity as against tbe conceded tremendous cost of erecting and maintaining tbis inter change track, the order of the Public Service Commission was arbitrary, unreasonable, unsupported by any substantial evidence showing a public demand and necessity and was such as to…

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Appeal from Cole Circuit Court. — Eon. J. G. Slate, Judge. Under tlie evidence in tliis case as to tlie places and persons interested, tlie volume of business to be affected, tbe amount of public demand and necessity as against tbe conceded tremendous cost of erecting and maintaining tbis inter change track, the order of the Public Service Commission was arbitrary, unreasonable, unsupported by any substantial evidence showing a public demand and necessity and was such as to deprive the appellant of its property without due process of law in violation of the Constitutions of Missouri and the…

1Opinion of the CourtWoodson, C. J.

This suit regards the legality of certain proceedings to be presently mentioned, had to compel the appellants, the Chicago, Burlington & Quincy Eailroad Company and the Wabash Eailroad Company, to construct and maintain an interchange track or switch between their respective main lines of roads at Macon, Missouri.

Briefly stated, the facts of the case are: The Hon. C. H. Payson, the mayor of the city of Macon, *336on November 18, 1913, under the Public Service Commission Act, filed a petition with the respondent, the Public Service Commission, to require the Burlington and the Wabash Railroad…

2Cases cited2 opinions

  1. Washington Ex Rel. Oregon Railroad & Navigation Co. v. FairchildSupreme Court of the United States · 1912
  2. Gibbs v. HaughowoutSupreme Court of Missouri · 1907

3Cited by16 opinions

  1. State Ex Rel. Detroit-Chicago Motor Bus Co. v. Public Service CommissionSupreme Court of Missouri · 1929
  2. City of Detroit v. Michigan Railroad CommissionMichigan Supreme Court · 1920
  3. State Ex Rel. City of Kansas City v. Public Service CommissionSupreme Court of Missouri · 1951
  4. State ex rel. Wabash Railroad v. Public Service CommissionSupreme Court of Missouri · 1917
  5. State Ex Rel. Chicago Great Western Railroad v. Public Service CommissionSupreme Court of Missouri · 1932

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