State ex rel. Dawson v. Kansas City Stock Yards Co.

Citations

• 94 Kan. 96
• 145 P. 831
• 1915 Kan. LEXIS 51

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Stock-yards Company — Engaged in Intrastate Business as Common Carrier Without Legal Authority. A corporation engaged in operating stock yards, owning a track between such yards and the railroads over which stock is transported thereto, and making a charge to the railroad companies for each car moved over such track, in accordance with a tariff which it has filed with the interstate commerce commission, is to be regarded as engaging in business as a common carrier.</p> <p>2. Same. The grant to a foreign corporation of the right to operate a stock yards does not carry with it the privilege of engaging in business as a common carrier in the manner stated.</p> <p>3. Same — Intrastate Business Unauthorized. To the extent of any intrastate business done in that manner such a corporation exercises a function which is unauthorized, and from which it will be ousted by the courts upon application of the proper executive officer of the state.</p> <p>4. Same. The fact that most of the business done in such manner is interstate, and that intrastate business is done only in virtue of the presence of a few cars of that character in an entire train, which is handled together, does not effect such a merger of the two classes of business as to place it all beyond the control of the state. •</p>