Legal Opinion

Missouri Southern Railroad v. Public Service Commission

Supreme Court of Missouri

Decided July 9, 1919PublishedCited by 7 opinions

Appeal from Jefferson Circuit Court. — Eon. E. M. Bearing, Judge. (1) The trams in question are not- railroads within the meaning of the Public Service Commission Act, and the Commission has no authority to regulate or control the operation thereof or to prescribe rates to be charged for the transportation of freight over them.

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Appeal from Jefferson Circuit Court. — Eon. E. M. Bearing, Judge. (1) The trams in question are not- railroads within the meaning of the Public Service Commission Act, and the Commission has no authority to regulate or control the operation thereof or to prescribe rates to be charged for the transportation of freight over them. Palm v. Railroad Co., 17. N. Y. Supp. 471. (2) The complaint herein in effect alleges that appellant is refusing to transport freight which by law it was bound to transport, and that for freight it did transport over the trams it charged more than warranted by law.…

1Opinion of the CourtBlair, P. J.

This is an. appeal from a judgment of the Jefferson Circuit Court affirming an order of the Public Service Commission entered in the Matter of the Complaint of James M. Mooney v. Missouri Southern Railroad Company, 5 Mo. P. S. C. Rep. 250, which order, in so far as it is affirmed, required appellant to “refrain from charging or collecting for the transportation of carload shipments on the tram or spur tracks which connect with” appellant’s main line and points on appellant’s main line, “or between points on said trams, rates in excess of those in effect between other points on its main line,…

2Cases cited8 opinions

  1. Louisville & Nashville Railroad v. GarrettSupreme Court of the United States · 1913
  2. Terminal Taxicab Co. v. KutzSupreme Court of the United States · 1916
  3. Michigan Central Railroad v. Michigan Railroad CommissionMichigan Supreme Court · 1910
  4. Shorman v. EakinSupreme Court of Arkansas · 1886
  5. McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903

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3Cited by7 opinions

  1. State Tax Commission v. Administrative Hearing CommissionSupreme Court of Missouri · 1982
  2. Commonwealth Ex Rel. Attorney General v. BennSupreme Court of Pennsylvania · 1925
  3. St. Louis County v. State Tax CommissionSupreme Court of Missouri · 1978
  4. State Ex Rel. City of Kansas City v. Public Service CommissionSupreme Court of Missouri · 1950
  5. Xerox Corp. v. State Tax CommissionSupreme Court of Missouri · 1975

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