State ex rel. Dawson v. Chicago, Burlington & Quincy Railroad

Citations

• 85 Kan. 649
• 118 P. 872
• 1911 Kan. LEXIS 132

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroad Commissioners — Mandamus —- Parties — Attorney. The attorney for the board of railroad commissioners is the proper officer to bring an action in the name of the state to compel compliance with an order of the board. .</p> <p>2. - Order — Action to Compel Obedience Not Prematurely Brought. An order was made requiring certain railroad companies to make a connection between their tracks on or before ninety days from its date. Three days thereafter an action was brought to compel the companies to obey the order, the petition substantially charging a predetermination not to obey. One of the. defendants answered that the other would not obey and that obedience on its own part was therefore practically impossible. Each contested the validity and reasonableness of the order. Held, that the action was not premature.</p> <p>3. -Railroad Connections — Properly Located. Complaints by the mayors and councils of certain cities and petitions from many persons and firms requested the board to order a connection at or near a certain city, it being set forth that at such place and at another seven and one-half miles east of it the tracks were close together. One petition (not signed by mayor and council of any city or town) prayed for the connection at or near the place first referred to or at some convenient place. These complaints and petitions asserted that a large territory traversed by the parallel roads needed a connection in order to give such territory better shipping facilities. Held, that after notice, answers and hearing, the board rightfully located the connection at the second place referred to.</p> <p>4. - Order — Prima Facie Reasonable. Such order being prima facie reasonable, it- was not shown to be unreasonable by the fact that such connection would cost a certain sum, in the absence of a showing as to increased or diminished income or profits as a result.</p> <p>5. - Order — Power of Board. The tracks were about 162 feet