Louisiana Ry. & Navigation Co. v. Railroad Commission

Citations

• 121 La. 848
• 46 So. 884
• 1908 La. LEXIS 756

Syllabus

<p>1. Railroads — Location oe Dedots — Power on Railroad Commission.</p> <p>The Railroad Commission possessed the power it exercised by virtue of the following language of article 284 of the Constitution: “The power and authority to govern and regulate railroads; to correct abuses and to require railroads to build and maintain suitable depots, switches and appurtenances whenever the same are reasonably necessary at stations.”</p> <p>2. Same.</p> <p>The plaintiff had settled that it would establish a station within the limits of the Gonzales settlement. It was within the power of the Commission to select the place on which to build the depot.</p> <p>3. Same.</p> <p>A difference had arisen between the public, represented by a very large majority of the community and the railroad company as to where the depot should be located. After having investigated the facts, heard the evidence, and visited the ground, the Railroad Commission decided that the site should be at the place deemed the most convenient for the shippers and the traveling public.</p> <p>4. Same — Review by Courts.</p> <p>Where, on appeal, it does not clearly appear wherein an error has been committed, the finding of the Railroad Commission will be permitted to stand.</p> <p>5. Same — Order to Build Depot — Definiteness.</p> <p>The plaintiff is authorized under the terms of the order to fix the situs for the depot within the limits designated by the order at the place most convenient to the plaintiff.</p> <p>Monroe, J., dissenting.</p> <p>On Rehearing.</p> <p>6. Same.</p> <p>The question of the depot was in great part, as to the situs of this depot, left to the judgment of the Railroad Commission.</p> <p>It was selected without earnest objection.</p> <p>7. Same.</p> <p>Later the plaintiff and appellant, through some of its officers, expressed preference for another site.</p> <p>Held, that a depot being for the accommodation of the public, the Commission, particularly considering the facts, had the authorit