Minneapolis, St. Paul, & Sault Ste. Marie Railway Co. v. Stutsman
North Dakota Supreme Court
Appeal from the District Court of Barnes County: Coffey, J. • The commissioners had no jurisdiction to hear and determine the matter involved. The doctrine of implied authority cannot be relied upon by the commissioners in this case, since our statutes give them but a supervisory control of the railroads in the state, and gives them no authority or power to regulate the building and maintenance of highway crossings over the track and right of way of railroads. Eev.
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Appeal from the District Court of Barnes County: Coffey, J. • The commissioners had no jurisdiction to hear and determine the matter involved. The doctrine of implied authority cannot be relied upon by the commissioners in this case, since our statutes give them but a supervisory control of the railroads in the state, and gives them no authority or power to regulate the building and maintenance of highway crossings over the track and right of way of railroads. Eev. Codes 1905, § 369, Comp. Laws 1913, § 589. The railroad commissioners are statutory officers, and have only such powers as are…
1Opinion of the CourtGoss, J.
Upon complaint to tbe State Board of Commissioners of Eailroads by the chairman of the township board of Binghampton township, in Barnes county, the Board made an investigation resulting in its issuance to appellant railroad company of an order that it construct a certain crossing over their tracks near the village of Fingal. The company appealed. In its notice of appeal it is recited that the appeal is “from said order and the whole thereof, and it demands a review in said district court of the proceedings had in said matter.” A purported transcript of the proceedings before the Commission…
2Cited by13 opinions
- Bryan v. MillerNorth Dakota Supreme Court · 1944
- Lobe v. BartaschawichNorth Dakota Supreme Court · 1917
- La Duke v. MelinNorth Dakota Supreme Court · 1920
- Rutten v. WoodNorth Dakota Supreme Court · 1953
- Trott v. StateNorth Dakota Supreme Court · 1919
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