Cumberland Telephone & Telegraph Co. v. Texas & Pacific Railway Co.

Citations

• 52 La. Ann. 1850

Syllabus

<p>Syllabus.</p> <p>1. If the suit could not originally have been brought in the United States Circuit Court for want of jurisdiction, a fortiori, it could not be transferred to that court from the District Court.</p> <p>2. Where a complainant seeks to force a railroad company to afford it facilities equal to those given to a favored rival, the court may issue a mandamus to compel it to serve both alike.</p> <p>3. A decree made peremptory, which requires a common carrier to serve conflicting interests without preference, does not have the effect of denying the equal protection of the laws to the defendant railway company.</p> <p>4. Where it appears that more of a tender than made of cars for transportation would have been a mere waste of time and money, a useless expenditure of either is not required.</p> <p>5. While it is true that the court has no legal right to manage the railroad or direct the details of its operation or make contracts for the railroad company, it may Issue a writ of mandamus to compel it to perform a duty clearly defined under the law.</p>