E. Clemens Horst Co. v. Railroad Commission

California Supreme Court

E. Clemens Horst Co. v. Railroad Commission

175 Cal. 660

CourtCalifornia Supreme Court

DecidedJuly 31, 1917

DocketS. F. No. 8440

StatusPublished

This text of 175 Cal. 660 (E. Clemens Horst Co. v. Railroad Commission) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

E. Clemens Horst Co. v. Railroad Commission, 175 Cal. 660 (Cal. 1917).

Pincite

Opinion

THE COURT.

We cannot see that the Railroad Commission has assumed by its order to adjudicate the question of the liability of the petitioners to the Southern Pacific Company, or to prevent the interposition of any defense in any action that may be pending or may be hereafter instituted against them by the Southern Pacific Company. No judgment is thereby attempted to be given against any of them. The whole effect of the order is that the Southern Pacific Company is directed to enforce against them a certain paragraph of a certain rule of a certain tariff with reference to demurrage, and this, it is taken for granted, can only be done by the company by means of ordinary actions against the several petitioners in the courts of the state, where the question of liability will be determined.

The application for a writ of certiorari is denied.

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THE COURT.

We cannot see that the Railroad Commission has assumed by its order to adjudicate the question of the liability of the petitioners to the Southern Pacific Company, or to prevent the interposition of any defense in any action that may be pending or may be hereafter instituted against them by the Southern Pacific Company. No judgment is thereby attempted to be given against any of them. The whole effect of the order is that the Southern Pacific Company is directed to enforce against them a certain paragraph of a certain rule of a certain tariff with reference to demurrage, and this, it is taken for granted, can only be done by the company by means of ordinary actions against the several petitioners in the courts of the state, where the question of liability will be determined.

The application for a writ of certiorari is denied.

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Bluebook (online)

175 Cal. 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-clemens-horst-co-v-railroad-commission-cal-1917.