Chicago & E.I.R. Co. v. Pub. Serv. Comm'n
Decision Date | 22 June 1943 |
Docket Number | No. 27861.,27861. |
Court | Indiana Supreme Court |
Parties | CHICAGO & E. I. R. CO. v. PUBLIC SERVICE COMMISSION et al. |
OPINION TEXT STARTS HERE
Action by Chicago & Eastern Illinois Railroad Company against the Public Service Commission of Indiana and others to enjoin enforcement of an order of the Commission requiring plaintiff to furnish a caboose car for its train crews engaged in certain switching operations in the City of Evansville, Ind. From an adverse judgment, plaintiff appeals.
Reversed with instructions.Appeal from Clay Circuit Court; John W. Baumunk, Judge.
Rawley & Stewart, of Brazil, and Hays & Hays, of Sullivan, for appellant.
Nathan Levy and Joseph A. Roper, both of South Bend, for appellees.
On petition of the Brotherhood of Railroad Trainmen, the Public Service Commission of Indiana entered an order requiring the appellant to furnish a caboose car for its train crews engaged in certain switching operations in the City of Evansville. The appellant began this action in the court below seeking to enjoin the enforcement of the order.
It was contended by the appellant before the Public Service Commission and the court below, and it is contended here, that the Public Service Commission exceeded its jurisdiction in making the order.
The Public Service Commission derives its power and authority solely from the statute, and unless a grant of power and authority can be found in the statute it must be concluded that there is none.
the petition filed before the Public Service Commission recites that it is filed under § 55-130, Burns' 1933, § 14469, Baldwin's 1934, being § 1 of chapter 58 of the Acts of 1933, page 421. That section was originally enacted as part of the Railroad Commission Law of 1905. Acts 1905, chapter 53 § 23, pages 83, 101. It was last amended in 1933. Subdivision (a) requires that every railroad shall report accidents, involving loss of life or serious injury to passenger or employee, to the commission, and that the commission shall investigate and report its conclusions and recommendations to the railroad, and recommend steps to be taken to prevent like accidents; that unless the railroad shall carry out the recommendations within a reasonable time, the commission shall make the recommendations public. There is no authority to require the railroad to comply or to adopt safety measures. Subdivision (b), which seems to be the one relied upon, provides that whenever the commission shall receive information ‘that any carrier in this state does not keep its road or equipment in proper condition and repair for the health and safety of its employees or the public,’ or that it does not maintain suitable passenger depot buildings and equipment, that it does not keep suitable freight depots, switches and side tracks for handling freight, that it does not...
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