Legal Opinion

Missouri Pacific Railroad v. Whelen Springs Gravel Co.

Supreme Court of Arkansas

Decided April 25, 1932Published

1Opinion of the CourtKirby, J.

The appellees filed petitions with the Railroad Commission to require the Missouri Pacific to allow ,them $3 per car for switching cars by the gravel company’s locomotives in and between the gravel plants and the carrier for the transportation.

The gravel plants are at various distances from, and are connected -with, appellee’s railroad, by private spur tracks. Each of the gravel companies owns switch tracks and locomotives which they use in their plant, and which are also used in switching cars onto the tracks of appellant.

The spur tracks were constructed by the gravel company, the rails…

2Cases cited5 opinions

  1. Public Service Commission v. Philadelphia, Baltimore & Washington RailroadCourt of Appeals of Maryland · 1928
  2. Fourche River Lumber Co. v. Bryant Lumber Co.Supreme Court of the United States · 1913
  3. Fairview Coal Co. v. Arkansas Central Railway Co.Supreme Court of Arkansas · 1923
  4. Halliday v. Public Utilities CommissionOhio Supreme Court · 1928
  5. Kansas City Southern Railway Co. v. Arkansas RailroadSupreme Court of Arkansas · 1927

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