St. Louis Southwestern Railway Co. v. Missouri Pacific Railroad Co. (185 Ark. 824)
Supreme Court of Arkansas
185 Ark. 824
St. Louis Southwestern Railway Co. v. Missouri Pacific Railroad Co.
Appeal from Pulaski Circuit Court, Second Division
No. 4-2547.—Decided May 16, 1932.
- EMINENT DOMAIN—SPUR TRACK.—Under Const., art. 17, § 1, providing that "every railroad company shall have the right with its road to intersect, connect with or cross any other road," the Railroad Commission, under Crawford & Moses' Digest,. § 1643, is authorized, on application by a railroad company for, a spur track across the industrial track of another road, to fix the point and manner of the crossing without first requiring petitioner to obtain right-of-way by condemnation.
- RAILROADS—SPUR TRACK—CERTIFICATE OF CONVENIENCE.—A proposed track extending from petitioner's main line to cottonseed plants to serve them directly held. a spur track within Interstate Commerce Act, authorizing constructiop of, spur tracks without obtainfng a certificate of convenience from the Interstate Commerce Commission.
Appeal from Pulaski Circuit Court, Second Division; Richard M. Mann, Judge; affirmed.
Carter, Jones & Turney and Lamb & Adams, for appellant.
R. E. Wiley, for appellee.
[Opinion of the court by Justice THOMAS H. HUMPHREYS.]
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