Joseph McKenna

“ They are somewhat involved. A prominent one is, and it is variously expressed, that the express company was not heard in the classification of railroads; it being insisted that between the latter fact and the express business there is intimate relation, and therefore the same right of hearing to the express company as to railroads. But the fact of the classification of railroads was one that preceded the express company, of which it was aware, and was an element in the estimate of the privilege that was to be granted, for over the railroads the privilege could only be exercised. ”

“ It is also agreed that no classification of the railroad tracks under the laws of the state of 1920, under section 21, chapter 104, nor otherwise, has ever been made by the Railroad Commission, with reference to the operation of the express company or of any other express company over the tracks ”

“ Robertson and the express company each prosecuted an appeal Robertson to reverse so much of the judgment as denied his right to recover damages or penalty, that is, which limited his recovery to the taxes only ”