State ex rel. Railroad Commission v. Oregon Railroad & Navigation Co.

Citations

• 68 Wash. 160
• 123 P. 3
• 1912 Wash. LEXIS 1263

Syllabus

<p>Railboads — Regulation—Depot Facilities — Complaint by Railroad Commission — Sufficiency. A complaint filed by the railroad commission before itself, alleging that the depot facilities of the defendant at its various stations are inadequate, is a sufficient compliance with Rem. & Bal. Code, § 8632, requiring all grievances to be set out in the complaint, and confers jurisdiction to enter an order requiring the company to erect suitable depots at certain stations within a specified time.</p> <p>Same — Objection to Complaint — Waiver. Objection that complaint of a railroad company’s depot facilities at all its stations was too general and indefinite to authorize an inquiry as to the facilities at a specific station, is waived where the company entered upon the trial of the issue without objection, and took no appeal to the courts from the order of the commission requiring the erection of a depot, Rem. & Bal. Code, §§ 8629 and 8632, providing for pleading, trial, and appeal, and that issues shall be made up without delay as in civil cases; and the objection cannot be first raised in a subsequent proceeding to collect the penalty for failure to comply with the order.</p> <p>Same — Orders of Commission — Entry—Validity. Under Rem. & Bal. Code, § 8629, providing that an order of the railroad commission for furnishing additional facilities shall be served on the company by delivering a certified copy, an oral announcement by the chairman at the end of a hearing is not an order binding on the company, and does not preclude the commission from later entering a formal order and serving a copy on the company.</p> <p>Same — Definiteness. In a proceeding to recover a penalty for failing to comply with an order of the railroad commission for the erection of a depot, complaint cannot be made of the order that it was indefinite as to the size and location of the building, where the company accepted and acted upon the order except as to the time for its erection, and it was defin