Chicago, Burlington & Quincy Railroad v. Railroad Commission
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Ray SteveNs, Circuit Judge. Action to determine the validity of an order of the Wisconsin Railroad Commission requiring the plaintiff railway company to stop two of its passenger trains each way daily at the station of Cochrane, Wisconsin, pursuant to the provisions of sec. 1801, Stats.
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Appeal from a judgment of tbe circuit court for Dane county: E. Ray SteveNs, Circuit Judge. Action to determine the validity of an order of the Wisconsin Railroad Commission requiring the plaintiff railway company to stop two of its passenger trains each way daily at the station of Cochrane, Wisconsin, pursuant to the provisions of sec. 1801, Stats. One Schlosstein, a resident of Cochrane, filed a petition with the Railroad Commission alleging that the passenger service at said station was inadequate and praying for an order compelling plaintiff to stop two of its passenger trains each way…
1Opinion of the CourtViNJE, J.
It will be observed from the foregoing statement of facts that tbe Railroad Commission based its order upon tbe statute (sec. 1801, Stats.) and not upon an exercise of discretion or judgment on its part that tbe service was inadequate. Indeed, it states that were it not for tbe statute depriving it of tbe exercise of discretion it would come to a contrary conclusion and refuse to make tbe order requiring additional trains to be stopped at Cochrane. Tbe trial court, however, finds that the passenger service at Cochrane was not adequate or reasonable, and that tbe order of tbe Railroad…
2Cases cited20 opinions
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
- Missouri Pacific Railway Co. v. Kansas Ex Rel. Railroad CommissionersSupreme Court of the United States · 1910
- Mississippi Railroad Commission v. Illinois Central RailroadSupreme Court of the United States · 1906
- Gladson v. MinnesotaSupreme Court of the United States · 1897
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3Cited by8 opinions
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- Chesapeake & Ohio Railway Co. v. Public Service CommissionMichigan Court of Appeals · 1967
- Town of La Pointe v. Madeline Island Ferry Line, Inc.Court of Appeals of Wisconsin · 1993
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