78 So. 153 | Miss. | 1918
delivered the opinion of the court.
The Railroad Commission of Mississippi prosecutes this appeal frqm a final decree of the chancery court of Hinds county annulling and perpetually enjoining the commission from the enforcement of three orders of the apppellant, which, in brief, required the three appellee railroad companies to build a union station in the city of West Point.
The Railroad Commission, upon the petition of a num- ' her of citizens of the city of West Point and after hearing testimony, under section 4864, Code of 1906 (section 7649, Hemingway’s Code), and a personal examination .of existing conditions, ordered the erection of a union passenger depot. This section provides, among' other things, that whenever the public convenience may require, the commission shall cause union passenger depots to be erected. The appellee railroad companies, in their bill and supplemental bills, alleged that they had each adequate depot facilities, conveniently located-for the citizens and the traveling public, all near each
The contention is made by the attorney general in this. case, just as it was made in the case of Railroad Commission v. Mobile & Ohio Railroad Co., 115 Miss. 101, 75 So. 778, that this court, in reviewing the decision: of the chancellor, should not give it the same weight, and consideration on its findings of fact that it does in-ordinary cases, but that this court should view the case just as did the lower court, and give to the order of the commission the weight it is entitled to under section 4836, Code of 1906 (section 7621, Hemingway’s Code). In the case above mentioned we expressly held that the decree of the chancellor in a case of this kind is to be given the same force and effect as other decrees of the lower court. Section 4836 provides that the findings of the Railroad Commission “shall be received in all courts ■ . . . as prima-facie evidence that such determination was right and proper.” It is contended by the appellant that the chancellor failed to observe this section of che Code. There is nothing in the record, however, from which this inference may be drawn. On the contrary, we presume that the chancellor was entirely familiar with this section of the Code, and gave
Affirmed.