NORTHERN PAC. RY. CO. v. WARNER

No. 7227.

45 N.W.2d 196 (1950)

NORTHERN PAC. RY. CO. v. WARNER, Attorney General, et al.

Supreme Court of North Dakota.

Rehearing Denied December 30, 1950.


Attorney(s) appearing for the Case

Conmy & Conmy, Fargo, for plaintiff and respondent.

Burnett, Bergesen, Haakenstad & Conmy, Fargo, for defendant, J. F. Norberg.

Lee Brooks, State's Atty. for Cass County, Fargo, Ernest N. Paul, Bismarck, for Wallace Warner, Atty. Gen. of North Dakota.

Richard P. Gallagher, Bismarck, for Public Service Commission, amicus curiae.


MORRIS, Judge.

This is an action for a declaratory judgment brought pursuant to the provisions of Chapter 32-23, RCND 1943. The controversy that is the basis of the suit involves the construction of Section 49-1313, RCND 1943, and its application to the operation of a machine known as a power ballaster. The plaintiff contends that the section of the statute under consideration does not apply to a power ballaster of the model and type used by the plaintiff and that...

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