Brooks-Scanlon Co. v. Railroad Commission
Brooks-Scanlon Co. v. Railroad Commission
Opinion of the Court
The Railroad Commission of Louisiana, relator in the present proceeding, after due hearing, issued on August 5, 1918, its order No. 2228, directing plaintiff, the Brooks-Seanlon Company, to operate its' narrow gauge line of railroad between Kent-wood, La., and Hackley, La., by running mixed passenger and freight trains thereon upon such convenient schedules and upon such days as may be approved by the commission. On August 16, 1918, the plaintiff then brought suit in the district court, in the
Opinion.
We lately held in the case of Firemen’s Insurance Co. v. Hava, 141 La. 347, 75 South. 76, that:
“The Supreme Court will not exercise supervisory jurisdiction by the issuance of a writ of prohibition to a court of original jurisdiction, when it appears from the record that the party complaining has made no attempt to obtain relief, and might have obtained it, from the court of original jurisdiction.”
The rule of practice as thus announced rests upon numerous adjudications of this court. It is sound, conservative, and necessary to the orderly administration of justice; and by reason thereof, it is ordered that the rule to show cause, herein issued, be vacated, and the writ applied for refused, at the costs of relator.
Reference
- Full Case Name
- BROOKS-SCANLON CO. v. RAILROAD COMMISSION OF LOUISIANA. In re RAILROAD COMMISSION OF LOUISIANA
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) 1. Courts @=>209(1) — Supervisory Control-Consideration oe Merits. In suit to set aside order of Railroad Commission, wherein an injunction, obtained by commission, was set aside, and it applied for writs of certiorari and prohibition, validity of order can be passed upon only by virtue of Supreme Court’s jurisdiction on appeal in regular course. 2. Courts @=>207(2, 5) — Supervisory Jurisdiction-Denial oe Remedy. In such suit, wherein injunction obtained by commission was set aside on bond, and where it made no demand on trial judge to vacate order of dissolution or any attempt to suspend execution of order by suspensive appeal, its application to Supreme Court for supervisory writs of certiorari and prohibition will be denied.