State ex rel. Public Service Commission v. Missouri Southern Railroad
Supreme Court of Missouri
Appeal from Jefferson Circuit Counrt. — Ron. E. M. Dearing, Judge. (1) The trams in question are not railroads or parts of the railroad of appellant within the meaning of the Public Service Act or any other Missouri statute. Palm v. New Haven & Hartford Railroad Co., 17 N.' Y. Supp. 471. '(2) Neither the Public Service Commission nor the courts have power to require appellant to furnish transportation not included in the exercise of its franchise.
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Appeal from Jefferson Circuit Counrt. — Ron. E. M. Dearing, Judge. (1) The trams in question are not railroads or parts of the railroad of appellant within the meaning of the Public Service Act or any other Missouri statute. Palm v. New Haven & Hartford Railroad Co., 17 N.' Y. Supp. 471. '(2) Neither the Public Service Commission nor the courts have power to require appellant to furnish transportation not included in the exercise of its franchise. Palm v. Railroad Co., supra; Northern Pacific Railway v. Teratone, 142 U. S. 492; Elliott on Railroads (2 Ed.), sec. 457; People ex rel. Yan Dyke…
1Opinion of the CourtBlair, P. J.
Upon entry of the order considered in Missouri Southern Railroad v. Public Service Commission, a companion case, appellant attempted to abandon the operation of the spur tracks to which the Commission’s order applied. Complaint was made, and the Commission ordered its counsel to institute such legal proceedings as might be effective to compel a continuance of the carriage of freight over the spurs. Counsel thereupon instituted this proceeding by mandamus, and, upon the filing of the return, relator filed its motion for judgment, which was sustained and a peremptory writ awarded. This appeal…
2Cases cited5 opinions
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- State ex rel. Caster v. Kansas Postal-Telegraph-Cable Co.Supreme Court of Kansas · 1915
- People ex rel. Van Dyke v. Colorado Cent. R.U.S. Circuit Court for the District of Colorado · 1890
3Cited by11 opinions
- Chicago, B. & Q. R. v. North Kansas City Development Co.Court of Appeals for the Eighth Circuit · 1943
- Public Service Commission v. Kansas City Power & Light Co.Supreme Court of Missouri · 1930
- Public Service Commission v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1923
- State Ex Rel. City of Kirkwood v. Public Service CommissionSupreme Court of Missouri · 1932
- Lyon & Hoag v. Railroad CommissionCalifornia Supreme Court · 1920
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