Corporation Commission Laws of Oklahoma 1917 Being a Compilation of Laws Rela
Corporation Commission Laws of Oklahoma 1917 Being a Compilation of Laws Rela
Oklahoma
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411, 138 Pac. 1026. 117 RAILROADS Prohibition — railroads — higrhway crossings — installation — power of Corpora- tion Commission. \\ here no highway or crossing has been lawfully established or opened over the right of way of a railway company, the Corporation Commis- sion has no jurisdiction to determine the character of crossing to be provided at such a point and require its installation; and where in sucli a case it make i an order requiring a public crossing to be installed, a writ of proh...ibition may issue to prevent its enforcement. St. L. & S. F. R. Co. V. Corporation Commis- sion of Oklahoma et al. , 35 Okla. 166, 128 Pac. 496. ) Kailroads — establisbment of highway crossing's — Authority of Corporation Commission — "Writ of Prohibition. The jurisdiction to open public liighways and crossings over railway riglits of way is vested in the local authorities and not in the Corporation Commission of the state; and, wliere no highway or crossing has been lawfully establislied and opened over the right of way of a railroad, the said Commission has no jurisdiction to determine the character of the crossing to be provided, and require its installation, and, where in such case it makes an order requiring a specific kind of crossing, jurisdiction is vested in this court to issue a writ of prohibition to prevent its enforcement.
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