Woody v. Denver & Rio Grande R. R.

Citations

• 17 N.M. 686
• 132 P. 250

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. While a railway company, under the constitution, may be required to provide and maintain “adequate depots, stock pens, station buildings, agents and facilities for the accommodation of passengers, and for receiving and delivering freight and express,” and can, upon a proper showing be required to maintain a telegraph station and agent, for the accommodation of passengers and for receiving and delivering freight and express, it can not, independent of its duties as a common carrier, be required to furnish telegraph facilities so that the public may commercially derive convenience therefrom.</p> <p>2. A railroad company is entitled to notice, in advance of a hearing, stating definitely the order which the State Corporation Commission is proposing to make, and the reasons therefor, so that it will be enabled to produce and present before the commission its evidence, if any it has, showing the unreasonableness or injustice of the proposed order.</p> <p>3. This court can determine the reasonableness and lawfulness of an order made by the commission only upon the evidence adduced before the commission, and here presented by the record. Where the commission has failed to develop evidence showing the cost of furnishing a facility ordered, for the accommodation of passengers and for receiving and delivering freight and express, the court can not determine such questions and will not enforce the order.</p>