Legal Opinion · Concurrence

Chicago, Indianapolis & Louisville Railway Co. v. Public Service Commission

Indiana Supreme Court

Decided December 19, 1918No. 23,493Published

From Porter Circuit Court; H. H. Loring, Judge. Action by the Chicago, Indianapolis and Louisville Railway Company against the Public Service Commission. From a judgment for the commission, the plaintiff appeals.

1Concurrence

Concurring Opinion.

Myers, J.

— I concur in the majority conclusion that the petition for a rehearing should be denied.

Briefly stated, this was an action by appellant under §6 of the Railroad Commission Act as amended in 1913 (Acts' 19.13 p. 820, §5536 Burns 1914), against appellee to set aside an order made by appellee in a proceeding begun under §1, cl. L, Acts 1917 p. 118, in force March 1, 1917, before the Public Service Commission by the Chicago, Lake Shore and South Bend Railway Company against appellant. The act under which the present action was begun provides that: “In all actions in…

2Cases cited6 opinions

  1. Hancock v. Diamond Plate Glass Co.Indiana Supreme Court · 1904
  2. Whisler v. WhislerIndiana Supreme Court · 1903
  3. Baltimore & Ohio Southwestern Railway Co. v. KleespiesIndiana Court of Appeals · 1906
  4. Chicago, Indianapolis & Louisville Railway Co. v. Public Service CommissionIndiana Supreme Court · 1918
  5. Hodgin v. HodginIndiana Supreme Court · 1911

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