Railroad Commission v. Kansas City Southern Ry. Co.

Citations

• 111 La. 133
• 35 So. 487
• 1903 La. LEXIS 509

Syllabus

<p>RAILROAD COMMISSION—POWERS — ABANDONMENT OF SPUR TRACK—ORDER FORBIDDING REMOVAL—NOTICE—FINE—EVIDENCE.</p> <p>1. The case, as made up, includes all the issues needful to decision. The court decides all the issues presented as it would have decided originally if the case brought in East Baton Rouge had not been dismissed.</p> <p>2. The commission can prevent the removal or abandonment of a spur already established which is in use, and in the use of which the public, or any part thereof, have an interest.</p> <p>3. Under the power conferred by article 2S4 of the Constitution on the commission, authority is vested in that body to make reasonable and just regulations to govern and regulate railroad tariff. Under this authority, it has the power to order that a spur or switch be not removed, subject to review by the court.</p> <p>_ 4. Defendant had received at least constructive notice of the order of'the commission.</p> <p>5. The commission may assess a penalty for violation of any of its orders, subject to the final action of the court, which the law provides in order to give it proper sanction and force.</p> <p>6. The commission has the power to make its orders executory after reasonable notice has been given to parties concerned.</p> <p>7. The court review the action of the commission, and hold that the spur in question was not in such use as rendered it improper, under the circumstances, to remove it.</p> <p>(Syllabus by the Court.)</p>