Kansas City, Outer Belt & Electric Railroad v. Board of Railroad Commissioners

Citations

• 73 Kan. 168
• 84 P. 755
• 1906 Kan. LEXIS 224

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroad Commissioners — Jurisdiction Does Not Extend to Electric Railroads. In giving the board of railroad commissioners supervision over railroads operated by steam the statute by implication denies them power over railroads operated only by electricity.</p> <p>2. -Statutory Definition of “Railroad Company” — Road Operated by Steam. In defining the term “railroad company” as used in the railroad commissioners law (Gen. Stat. 1901, § 5997) to mean a company whose road is operated by steam, the statute forbids such term’s being construed to include a company owning a road operated only by electricity, except where such intention may be expressly manifested.</p> <p>3. -Determination of Applications for Permission to Cross Tracks of Other Roads. The section of the statute which gives the board of railroad commissioners authority to hear and determine the application of a railroad company for permission to cross its track “with any other railroad upon the grounds of such other railway corporation” (Gen. Stat. 1901, § 5974) does not apply to a case where a railroad company seeks to cross the track of a railway company whose line is operated entirely by electricity.</p> <p>4. -Electric Railroad — Permission ' to Use Steam — Jurisdiction of Commissioners. A line of railway which is so constructed as to be operated only by electricity, and which is in fact so operated, is not a railroad operated by steám within the meaning of the railroad commissioners law, even although it is owned and managed by a corporation whose charter permits the use of steam as a motive power.</p> <p>5. -Application by Steam Railroad to Cross Electric Railroad. The board of railroad commissioners has no jurisdiction to entertain an application by a railroad company for leave to cross its track with that of a railway company using only electricity as a motive power.</p>