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Keywords

statutediscriminationdue processwrit of mandamus
statutediscriminationdue process

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Missouri Pac. Ry. Co. v. State of Nebraska, 164 U.S. 403, 17 S.Ct. 130, 41 L.Ed. 489

Facts

John W. Hollenbeck and others, farmers near Elmwood, Nebraska, applied to the Missouri Pacific Railway Company for permission to erect an elevator on its right of way to store their grain. The railway company denied the request, citing that existing elevators were sufficient. The farmers complained to the Nebraska state board of transportation, which found that the existing elevators were inadequate and ordered the railway to allow the construction of a new elevator. The railway company did not comply, leading to a petition for a writ of mandamus to enforce the order.

John W. Hollenbeck and others, farmers near Elmwood, Nebraska, applied to the Missouri Pacific Railway Company for permission to erect an elevator on its right of way to store their grain. The railway company denied the request, citing that existing elevators were sufficient.

Issue

Did the Missouri Pacific Railway Company's refusal to allow the complainants to erect an elevator on its property constitute unjust discrimination under Nebraska law?

Did the Missouri Pacific Railway Company's refusal to allow the complainants to erect an elevator on its property constitute unjust discrimination under Nebraska law?

Rule

The Nebraska statute of 1887 prohibits unjust discrimination by railroad companies and requires them to provide equal facilities for the interchange of traffic.

The Nebraska statute of 1887 prohibits unjust discrimination by railroad companies and requires them to provide equal facilities for the interchange of traffic.

Analysis

The Nebraska Supreme Court upheld the findings of the board of transportation, which determined that the railway company's refusal to grant the complainants the same rights it had granted to others was unjust discrimination. The court emphasized that the existing elevators were insufficient for the grain being produced by the complainants and that the railway company had previously allowed similar structures on its property.

The Nebraska Supreme Court upheld the findings of the board of transportation, which determined that the railway company's refusal to grant the complainants the same rights it had granted to others was unjust discrimination.

Conclusion

The court reversed the lower court's decision, ruling that the order requiring the railway company to allow the construction of the elevator was effectively a taking of private property for private use, which violated the due process clause of the Fourteenth Amendment.

The court reversed the lower court's decision, ruling that the order requiring the railway company to allow the construction of the elevator was effectively a taking of private property for private use, which violated the due process clause of the Fourteenth Amendment.

Who won?

The Missouri Pacific Railway Company prevailed in the case because the court found that the order to allow the construction of the elevator constituted a taking of private property without due process.

The Missouri Pacific Railway Company prevailed in the case because the court found that the order to allow the construction of the elevator constituted a taking of private property without due process.

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