C., M., St. P. P.R. Co. v. Bd. Commrs.

South Dakota Supreme Court

C., M., St. P. P.R. Co. v. Bd. Commrs.

269 N.W. 85, 64 S.D. 580, 1936 S.D. LEXIS 96

CourtSouth Dakota Supreme Court

DecidedOctober 5, 1936

DocketFile No. 7892.

StatusPublished

This text of 269 N.W. 85 (C., M., St. P. P.R. Co. v. Bd. Commrs.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C., M., St. P. P.R. Co. v. Bd. Commrs., 269 N.W. 85, 64 S.D. 580, 1936 S.D. LEXIS 96 (S.D. 1936).

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Opinion

After a hearing the Board of Railroad Commissioners granted to the Wilson Storage Transfer Company a certificate of public convenience and necessity to operate a Class A motor carrier for the transportation of property. Thereafter the petitioners obtained from this court a writ of certiorari to review the order of the board granting the certificate.

Since the granting of the writ by this court, the opinion in the case of Chicago, Milwaukee, St. Paul Pacific Railroad Company v. Board of Railroad Commissioners 64 S.D. 297, 266, N.W. *Page 581 660, has been handed down. We find nothing in the instant case which convinces us that we should exercise our discretion and take original jurisdiction. We are therefore of the opinion that we improvidently issued the writ and it will be quashed and the proceedings dismissed without prejudice and without costs.

All the Judges concur.

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After a hearing the Board of Railroad Commissioners granted to the Wilson Storage Transfer Company a certificate of public convenience and necessity to operate a Class A motor carrier for the transportation of property. Thereafter the petitioners obtained from this court a writ of certiorari to review the order of the board granting the certificate.

Since the granting of the writ by this court, the opinion in the case of Chicago, Milwaukee, St. Paul Pacific Railroad Company v. Board of Railroad Commissioners 64 S.D. 297, 266, N.W. *Page 581 660, has been handed down. We find nothing in the instant case which convinces us that we should exercise our discretion and take original jurisdiction. We are therefore of the opinion that we improvidently issued the writ and it will be quashed and the proceedings dismissed without prejudice and without costs.

All the Judges concur.

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Bluebook (online)

269 N.W. 85, 64 S.D. 580, 1936 S.D. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/c-m-st-p-pr-co-v-bd-commrs-sd-1936.

Opinion

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