Railroad Commission v. Saline River Railway Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery ¡Court; John E. Mar-tineau, Chancellor; STATEMENT BY THE COURT. The Saline River Railway Company instituted this action in the chancery court against the Railroad Commission and the prosecuting attorney of the Tenth Judicial Circuit of this State to restrain them from further proceeding to compel said railway company to operate its line of railroad.
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Appeal from Pulaski Chancery ¡Court; John E. Mar-tineau, Chancellor; STATEMENT BY THE COURT. The Saline River Railway Company instituted this action in the chancery court against the Railroad Commission and the prosecuting attorney of the Tenth Judicial Circuit of this State to restrain them from further proceeding to compel said railway company to operate its line of railroad. The facts are as follows: The Saline River Railway Company was organized in 1901 and constructed .a railroad -from Draughon, a station on the Cotton Belt Railroad in Cleveland County, Arkansas, to the town -of New…
1Opinion of the Court
Hart, J.,(1) (after stating the facts). The franchise rights and privileges of a railroad company are granted by the State in consideration of the resulting benefits to tbe public and tbeir acceptance by tbe railroad company imposed npon it tbe duty of operating the road, when 'constructed, and of doing so in tbe manner and for tbe purposes contemplated by its charter, -which duties it may be compelled to perform by mandamus or other proper proceedings. 33 Cyc. 635; see also cases cited in case notes to 33 Am. & Eng. Ann. Cas., p. 1256, and 50 L. R. A. (N. S.) 652.
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2Cases cited7 opinions
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Missouri Pacific Railway Co. v. Kansas Ex Rel. Railroad CommissionersSupreme Court of the United States · 1910
- South Carolina ex rel. Cunningham v. JackCourt of Appeals for the Fourth Circuit · 1906
- Louisiana & Arkansas Railway Co. v. StateSupreme Court of Arkansas · 1907
- Freeo Valley Railroad v. HodgesSupreme Court of Arkansas · 1912
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3Cited by6 opinions
- Shellnut v. Arkansas State Game & Fish CommissionSupreme Court of Arkansas · 1953
- Jensen v. Radio Broadcasting Co., Inc.Supreme Court of Arkansas · 1945
- North Little Rock Water Co. v. Water Works CommissionSupreme Court of Arkansas · 1940
- Washington ex rel. City of Seattle v. Puget Sound Traction, Light & Power Co.District Court, W.D. Washington · 1917
- Chamber of Commerce v. Chicago, Rock Island & Pacific RailroadSupreme Court of Arkansas · 1952
1 more not listed; retrieve them via the Exa API.