Patterson v. Missouri Pacific Railway Co.

Citations

• 77 Kan. 236
• 94 P. 138
• 1908 Kan. LEXIS 250

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Judicial Notice — Location of a Railroad. The courts will take judicial notice of the route of a railroad which has been built and operated for a number of years from one station to another within the state of Kansas, and that, for a great portion of the distance between such stations, such route is beyond the boundaries of this state and within another state.</p> <p>2. Railroads — Interstate Commerce. A railroad 'company in conveying freight over such route between such stations is engaged in interstate commerce.</p> <p>3. Constitutional Law — Police Regulations — Interstate Commerce. While the state has the power to make reasonable police regulations affecting the operation of railroads operating within the state and also engaged in interstate commerce, the regulations should be such only as tend to the efficient and orderly discharge of the duties of the railroads to their patrons within the state, and to the safe-guarding of persons and property therein, and impose no considerable burden upon the interstate commerce.</p> <p>4. Railroads — Penalty for Failure to Furnish Freight-cars■— Valid Statute. The provision of chapter 345 of the Laws of 1905 which imposes a penalty of one dollar per day upon each car for delay in furnishing freight-cars ordered, and permits no excuse therefor except “strikes, unavoidable accidents, or other public calamity,” is not invalid, but is a reasonable police regulation and imposes no considerable burden upon interstate commerce.</p>