Northern Pacific Railroad v. Washington Territory Ex Rel. Dustin

Citations

• 142 U.S. 492
• 12 S. Ct. 283
• 35 L. Ed. 1092
• 1892 U.S. LEXIS 1988

Syllabus

<p>Mandamus will not lie to compel a railroad corporation to build a station at a particular place, unless there is a specific duty, imposed by statute, to do so, and clear proof of a breach of that duty.</p> <p>A petition for a mandamus to compel a railroad corporation to perform a definite duty to the public, which it has distinctly manifested an intention not to perform, is rightly presénted in the name of the State, at the relation of its prosecuting attorney, and without previous demand.</p> <p>The Northern Pacific Railroad Company (whose charter authorized it to locate, construct and maintain a continuous railroad from Lalte Superior to Puget Sound, “ by the most eligible route, as shall be determined by sáid company,” within limits broadly described, and directed that its road should “.be constructed in a substantial and workmanlike manner, with all the necessary draws, culverts, tjridges, viaducts, crossings, turnouts,'stations and watering places, and all other appurtenances,”) constructed its railroad through the county, of Yakima, and stopped its trains for a while at Yakima City, then the county seat and the principal town in the county; but, on completing its road four miles further to North Yakima, a town which it had laid out on its own land, established a freight and passenger station there, and ceased to stop its trains at Yakima City. Thereupon a writ of mandamus'was applied for to com-' pel it to build and maintain a' station at Yakima City, and to stop its trains there. Afterwards, and before the hearing, Yakima City rapidly dwindled, and most of its inhabitants removed to North Yakima, which became the principal town in the county, and was made by the legislature the county seat; there were other stations which furnished sufficient facilities for the country south of North Yakima; the earnings of this division of the road were insufficient to pay its running expenses; and the passenger and freight traffic of the people living in the surrounding