Northern Pacific Railroad v. Washington Territory Ex Rel. Dustin
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF WASHINGTON. A petition in the name of the Territory of Washington, at the relation of the prosecuting attorney for the county of Yakima and four other counties' in the Territory, was filed in the district court of the fourth judicial district of the Territory, on February'20, 1885, for a mandamus to compel the Northern Pacific Railroad Company to erect and maintain a station at Yakima City, on the Cascade Branch of its railroad,…
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF WASHINGTON. A petition in the name of the Territory of Washington, at the relation of the prosecuting attorney for the county of Yakima and four other counties' in the Territory, was filed in the district court of the fourth judicial district of the Territory, on February'20, 1885, for a mandamus to compel the Northern Pacific Railroad Company to erect and maintain a station at Yakima City, on the Cascade Branch of its railroad, extending from Pasco Junction on the Columbia River up the valley of the Yakima River, and through the county of…
1Opinion of the CourtJustice Gray
A writ of mandamus to compel a railroad corporation to do a particular" act in constructing its road or buildings, or in running its "trains, can be issued "only when there is a specific legal duty on its part to do that act, and clear proof of a breach of that duty.
If, as in Union Pacific Railroad v. Hall, 91 U. S. 343, the charter of a railroad corporation expressly requires it to maintain its railroad as a continuous line, it may be compelled to do so by mandamus. So if the charter requires the corporation to construct its road and to run its cars to a certain point on tide water, as was…
Also in this document: Dissent.
2Cases cited10 opinions
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
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3Cited by85 opinions
- Railroad Commission of Texas v. Eastern Texas RailroadSupreme Court of the United States · 1924
- Interstate Commerce Commission v. Oregon-Washington Railroad & NavigationSupreme Court of the United States · 1933
- Beasley v. Texas & Pacific Railway Co.Supreme Court of the United States · 1903
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- United States Ex Rel. Rahman v. Oncology Associates, P.C.Court of Appeals for the Fourth Circuit · 1999
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