Kansas City Southern Ry. Co. v. Love

Decision Date09 February 1909
Citation100 P. 22,23 Okla. 224,1909 OK 31
PartiesKANSAS CITY SOUTHERN RY. CO. v. LOVE et al.
CourtOklahoma Supreme Court

Syllabus by the Court.

At any time within 12 months from the date a final order is made by the corporation commission, any proper party feeling aggrieved may prosecute an appeal therefrom by making application to the chairman of said commission for him, under the seal of said commission, to certify to this court all the facts upon which the action appealed from was based, and which may be essential for the proper decision of the appeal together with such evidence introduced before, or considered by the commission as may be selected, specified, and required to be certified by any party in interest, as well as such other evidence so introduced or considered as the commission may deem proper to certify, and also a written statement of the reasons upon which the action sought to be appealed from is based, to be filed with the record of the case, which will constitute the record for review in this court.

[Ed Note.-For other cases, see Carriers, Dec. Dig. § 18 [*]]

It is not necessary that a motion for a new trial be filed and presented to the commission in order to have this court, on appeal, determine the reasonableness and justness of the order of the commission from which the appeal is prosecuted.

[Ed Note.-For other cases, see Carriers, Dec. Dig. § 18. [*]]

Application by the Kansas City Southern Railway Company for an order to J. E. Love, chairman, and the Corporation Commission, to certify facts on which a certain order issued by the commission was based. Awarded on condition.

Original application for an order directing the chairman of the corporation commission, or said commission, to certify, under the seal of said commission, to this court, all the facts upon which order No. 105 was based, and which may be essential for a proper decision of the appeal from said order, together with such evidence introduced before or considered by the commission in making said order as may be selected, specified, and required to be certified by any party in interest, as well as such other evidence so introduced or considered as the commission may deem proper to certify, and also a written statement of the reasons upon which the action sought to be appealed from is based, and a copy of the complaint and answer and of the order in said action, and further for a supersedeas. Awarded on condition.

Reed & McDonough, for plaintiff.

G. A Henshaw,...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT