104 P. 908 | Okla. | 1909
This is an appeal from an order of the Corporation Commission of the state directing the plaintiff in error to construct a private switch to the flouring mill of J. B. Davis, at Gage, Okla., Mr. Davis being required to pay for so much of the switch as was off the right of way of the company. The fact, as found by the commission, are to the effect that the Davis mill and elevator are located a short distance off the defendant's right of way; that the defendant permitted other elevators to build on its right of way and adjoining its house track; that by reason of the location of the other elevator they have an advantage over complainant in loading and unloading commodities of from $10 to $15 a car, and by extending the use of its grounds and facilities to other elevators it thereby discriminated against the complainant.
It will appear from the foregoing that the law question involved in this case is identical with one of the questions decided *617
by this court in the case of C., R.I. P. Ry. Co. v. State etal.,
The order of the Corporation Commission is accordingly reversed, and the case remanded, with direction to set aside the same.
All the Justices concur.