State ex rel. Missouri Pacific Railway Co. v. Public Service Commission
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Eon. J. G. Slate, Judge. (1) Tbe order of the Public Service Commission requiring the installation and maintenance of track scales at Rich Hill for the sole purpose of weighing carload shipments of grain, and Sec. 3157, R. S. 1909, on which said order is based, are a discrimination in favor of one class of shippers and are invalid and unauthorized. Sec. 23, Art. 12, Mo.
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Appeal from Cole Circuit Court. — Eon. J. G. Slate, Judge. (1) Tbe order of the Public Service Commission requiring the installation and maintenance of track scales at Rich Hill for the sole purpose of weighing carload shipments of grain, and Sec. 3157, R. S. 1909, on which said order is based, are a discrimination in favor of one class of shippers and are invalid and unauthorized. Sec. 23, Art. 12, Mo. Constitution; Railroad v. State, 107 Pac. 929; Midland Valley Railroad v. State, 133 Pac. 27; Ry. Co. v. Mo. Pub. Ser. Com., 192 S. W. 460. (2) The order of the Commission, requiring the…
1Opinion of the Court
GRAVES, J..For a number of years the Missouri Pacific Railway Company has maintained track scales at Rich Hill, Missouri. For five or six months the scales had been out of repair, and were not in use. The company were about to remove the scales, and the commercial club of the city of Rich Hill filed complaint with the Public Service Commission asking that the railway company be compelled to erect and maintain proper scales on its tracks at such city. This the Public Service Commission directed, and theii *63judgment, under statutory certiorari to the circuit court of Cole County, was by such…
2Cases cited1 opinion
- State Public Utilities Commission ex rel. Baber v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Illinois Supreme Court · 1918
3Cited by6 opinions
- Edwards v. St. Louis CountySupreme Court of Missouri · 1968
- Young v. County of GreeneSupreme Court of Missouri · 1938
- SOUTHERN NEVADA TELEPHONE CO. v. ChristoffersenNevada Supreme Court · 1961
- Public Serv. Comm. v. Mo. Pac. R.R. Co.Missouri Court of Appeals · 1946
- Public Service Commission v. Missouri Pacific RailroadSupreme Court of Missouri · 1946
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