138 P. 1026 | Okla. | 1914
This is an appeal from order No. 569 of the Corporation Commission of the state of Oklahoma, directing the Atchison, Topeka Santa Fe Railway Company to build a viaduct across its tracks on either Cleveland, Oklahoma, or Noble avenues, in the city of Guthrie, leaving to the discretion of the company the selection of one of said streets on which to construct said viaduct. There is no crossing on Cleveland avenue, and for that reason the Corporation Commission *412
has no power to establish the same. See St. L. S. F. R. Co.v. Love,
In the case of A., T. S. F. Ry. Co. v. State et al.,
"This court, however, is of the opinion that, as the order complained of requires the correction of an abuse which affects the people of a particular community disconnected from their use of the railway for the transportation of themselves and their property, an appeal does not lie therefrom to the Supreme Court. It will be noticed that the language of section 18, art. 9, of the *413 Constitution, which confers original jurisdiction upon the Commission, is considerably broader than the language of section 20, which provides for appeals to the Supreme Court, so it does not follow that an appeal lies in all actions over which the Commission may have jurisdiction. * * * Section 20,supra, does not in specific language confer appellate power upon this court over actions before the Commission for the correction of abuses, but the court has, and we think correctly, entertained appeals from such actions when the abuse complained of involved the life or safety of persons, or their property, using common carriers for purposes of transportation."
See, also, St. L. S. F. R. Co. v. State et al.,
From the record in this case it clearly appears that the Commission is simply determining the character of crossings to be maintained, and that the same is made for the convenience and safety of the public traveling the said streets of the city of Guthrie in crossing the tracks of the plaintiff in error and not for the protection or safety of the persons or property transported by such public carrier.
The appeal is therefore dismissed.
KANE and TURNER, JJ., concur. HAYES, C. J., and WILLIAMS, J., concur in the conclusion that the appeal should be dismissed on the ground that the order sought to be reviewed is not appealable.