Reports of Cases Argued And Determined in the Court of Appeals ..., volume 124
Reports of Cases Argued And Determined in the Court of Appeals ..., volume 124
Maryland. Court of Appeals
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CO. vs. PUB. SERV. COM. Opinion of the Court. [124 to some extent relieve botii the local and express passengers; Other illustrations could be given showing that the require- ment of the order are in our opinion unreasonable, but we think it unnecessary to do so. The effect of the order is to deprive the railroad company of all discretion in respect to the operation of its trains at the time of such delays, which discretion, we think, is absolutely essential to the proper and efficient manageme...nt and operation of the road and to the safety and general welfare of its passengers; and to the extent that the company is deprived of such discre- tion the Commission has by its general order attempted to operate the appellant's road, and in doing this we think it has exceeded the powers conferred upon it by the statute. "The Commission was given extensive powers, but they should not be extended by implication beyond what may be necessary for their just and reasonable execution. They are not without limits when directed against the management or operations of railroads, and the Commission can not en- force a provision of law unless the authority to do so can be found in the statute." N.
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