Chicago, Rock Island & Pacific Railway Co. v. Public Utilities Commission

Citations

• 111 Kan. 805
• 208 P. 576
• 1922 Kan. LEXIS 352

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads- — Public Utilities Commission — Power to Direct Carrier to Build Siding to Elevator. Under the evidence introduced, the trial court was justified in finding that a common carrier is not entitled to an injunction restraining the public utilities commission from enforcing an order made by it directing the carrier to build a siding to an elevator if the commission had jurisdiction to make the order.</p> <p>2. Same — Order to Build Siding to Elevator — Order Not Unconstitutional. The public utilities commission may make an order directing a railroad company to build a siding to an elevator, without depriving the company of its property without due process of law, or just compensation, or denying to it the equal- protection of the law.</p> <p>3. Same — Utilities Commission — No Jurisdiction to Order Siding Built to Elevator More Than One-fourth Mile from Way Station. Under section 8341 of the General Statutes of 1915, the public utilities commission has jurisdiction to order a railroad company to build a side track on the application of taxpayers; but, under section 8547 of the General Statutes of 1915, the commission does not have jurisdiction to order a railroad company to build a siding to an elevator where the elevator is situated more than one-fourth mile away from any regular way station of the railroad.</p>