The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-03-02
MISSOURI, X.
Defendant

Nce ~ icnse v Assistant Auofney General iot Complainant
CD JACKSON, Attorney for Dcfendants
On the 5h dsy Of gust oos the omplaiuant filed petition
with The Corporation Commission alleging that Nc The
IL e of Soanast Quarter Secion2o Township North Range
70 Fast ANA that ave Missouri Kahsas Texas Ralway Company
pwns The ghtofwy Of zoo feet II width tr said lands and
further alleged substance lie arsd divided his farm
that necessary have private 4sng oytr the tracks and
righofway Of said railroad cc parts Of his farm for The
purpose Of culyang the same and put suh crossing he was
compelled to tas three four miles, zach the side Of bis farm
lying east Of hc railroad A4f4
The defendant filed plea the rsietion 81 the Commission,
alleging that the Commission had rl lcoN andcr the laws
order such crossing The Commission tNcfrued the plea the
usdc,n and d thai has jurisdiction decide the real matter
in controversy in hs developed by the evidence.
The evidence - the effect that the complainant during the
high water last Nay June sought 10 IN private tosin
across the dctentnts rglo@ay and in pursuance Of thai en
ton was constructing stone cyats very substantial charactF
and that the defendant o M cuvcrts and prevented de qk
cn: Of suc Tossng aia point bu offered pan iAc
complainant e mys lyae er ins p two other pac3 lis
farm whc the ec Rit co As is less dangerous tarlol
than the point at vfex hc sy raN desired The crossing afc
e complainant ctcd ~ crossing and the onh quesio1l
before the Conpssion u l@hd whether lot ll crossia
desired BY The ctpaiat Il ,rtos II more sngcSty HID i
crossing dcgnad by a ciepdAN One Of the crosshgs dsr
mated by the defendant ocf,s reh dangcroug ha hc
crossing contenlea for by the cA nan and the oge ioss
the complainant similarly sated hat the Gnnnsson
difference om standpoint "A danger the oferadon "a ic
trains the tavclmg public Commissioner Watson viewed the
ground and the evidence further shows that The cnbaRent Nhee
the crossing sought within from two and onefa o three feel
ABOVE the top Of c track and h trains be Al
able distance perhaps greatc distance thai either
the crossings designated by the defendant
The Commission IS therefore, 81 the opinion that the crossing
desired by the companants this case dangerous hazard
and thai the duty Of the defendant establish said crossing
prayed for in c9mpainant cupptajnt
1t is therefore ordered by the Commission that the defendant
the Missouri Kas Texas Railway Company establish ard main
tain private sing the point its rgtoway designated by
the Complainant the point where the defendant heretofore
the rock cugcrt Said crossing shall be established and ready or
use by tic 10th day Of November Ig@,
Guthrie, Oklghoma Oct 23 rooS
Defendant made motion 0r new trial motion ovcrrucd
casenadc completed signed and filed Clerk Of the Supreme
Court filed certificate Of appeal On Noyenbor 24th 1908
April 2S, 1919 mandate of Supreme Court received
Opinion affirming folio@s:
Complaint No having been appealed the Supreme Court
The day Of November as and discrimination having
been made in the Supreme Cou April goth 1000 the opinion
and order spp OF e 9g p a N &c IS as N 9ows @
IN THE SUPREME COURT 0F TlEE STATE OF OKLAHOMA
MISSOURI, KANSAS &.TEXAS RAlLWANIOMPANY,
Plaintiff in Error.