Mississippi Railroad Commission v. Mobile & O. R.

Citations

• 115 Miss. 101
• 75 So. 778

Syllabus

<p>1. Railroads. Injunction. Order of railroad commission. Establishment of station.</p> <p>Where a railroad, company objects to the reasonableness of the orders of the railroad commission, in requiring the erection of a new depot, injunction is the proper remedy, since in such case the commission in making such order was acting in its legislative or administrative capaciiy and not in a judicial or quasi judicial capacity.</p> <p>2. Action Attacking Railroad Commission’s Order. Burden of proof. Under Code 1906, section 4836, so providing, the order of - the</p> <p>railroad commission establishing a depot was prima-facie correct and proper and one who attacks such order has the burden of proving its unreasonableness by “clear and satisfactory evidence.”</p> <p>3. Review op Chancellor’s Decree Disapproving Railroad Commission’s Orders.</p> <p>The decree of a chancellor, disapproving the orders of the railroad commission, requiring the erection of a railroad depot, will be given the same force and effect by the supreme court on appeal as other decrees by the chancellor, and if there was testimony upon which the chancellor could have made his decree, his findings will not be disturbed on appeal. .</p> <p>4. Same.</p> <p>In this case the court held that there was evidence sufficient to sustain the decree of the chancellor, in disapproving the order of the railroad commission requiring the erection of a new passenger depot.</p>