Washington Ex Rel. Oregon Railroad & Navigation Co. v. Fairchild
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP WASHINGTON. A statute of the State of Washington (March 7,1905, Sess. Laws, 1905, e. 81, p. 145, as amended March 16, 1907, Sess. Laws, 1907, ,c. 226, p. 536), authorizes the Railroad Commission, upon complaint made, or on inquiry upon its own motion “after a full hearing . . . to order that additional trackage or sidings be constructed . . . and that additional connections be made.”
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ERROR TO THE SUPREME COURT OP THE STATE OP WASHINGTON. A statute of the State of Washington (March 7,1905, Sess. Laws, 1905, e. 81, p. 145, as amended March 16, 1907, Sess. Laws, 1907, ,c. 226, p. 536), authorizes the Railroad Commission, upon complaint made, or on inquiry upon its own motion “after a full hearing . . . to order that additional trackage or sidings be constructed . . . and that additional connections be made.” In pursuance of this act, and by direction of the Commission, the Attorney General filed a complaint against the Oregon Railroad & Navigation Company, chartered under…
1Opinion of the Court
■ Me. ^Justice Lamae,
after making the foregoing statement, delivered the opinion of the court.
1. The Commission’s order requiring the Oregon Company to make track connection was not a mere administrative regulation, but it was a taking of property, since it compelled the defendant to expend money and prevented it from using for other purposes, the land on which the tracks were to be laid. Its validity could not be sus tained merely because of the fact that the carrier had been given an opportunity to be heard, but was to be tested by considering whether, in view of all the facts, the talcing…
2Cases cited14 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Smyth v. AmesSupreme Court of the United States · 1898
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Texas & Pacific Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1896
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3Cited by171 opinions
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- Int. Com. Comm. v. Louis. & Nash. RRSupreme Court of the United States · 1913
- Tagg Bros. & Moorhead v. United StatesSupreme Court of the United States · 1930
- Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1936
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