Printable Format66-140. Rights and remedies cumulative. The rights and remedies given by this act shall be construed as cumulative of all other laws in force in this state relating to common carriers and public utilities, and shall not repeal any other remedies or rights now existing in this state for the enforcement of the duties and obligations of public utilities and common carriers or the rights of the corporation commission to regulate and control the same except where inconsistent with the provisions of this act.
History: L. 1911, ch. 238, ยง 40; May 22; R.S. 1923, 66-140.
CASE ANNOTATIONS
1. Rights and remedies given by act construed as cumulative. City of Emporia v. Telephone Co., 90 Kan. 118, 127, 133 P. 858; City of Scammon v. Gas Co., 98 Kan. 812, 815, 160 P. 316.
2. Subject matter within governmental control of city, not of commission. Street Lighting Co. v. Utilities Commission, 101 Kan. 774, 778, 169 P. 205.
3. Remedies cumulative to those already in existence. The State, ex rel., v. Telephone Co., 102 Kan. 318, 322, 170 P. 26.
4. Regulation of gas rates; pressure within original jurisdiction of tribunal. City of Winfield v. Court of Industrial Relations, 111 Kan. 580, 585, 207 P. 813.
5. All orders may be challenged in court of competent jurisdiction. Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 238, 214 P. 797, 807.
6. Statute relating to stopping of trains is superseded by public utilities act. State, ex rel., v. Railway Co., 117 Kan. 886, 230 P. 333.
7. Courts cannot make rates, but they can prevent impositions. City of Hutchinson v. Hutchinson Gas Co., 125 Kan. 346, 350, 264 P. 68.
8. Cited in construing reparations statute. State, ex rel., v. Public Service Comm., 135 Kan. 491, 499, 11 P.2d 999.
9. Order refusing TL application made pursuant to 66-183 to 66-185, subject to review. Central Kan. Electric Co-operative Ass'n v. State Corporation Comm., et al., 165 Kan. 471, 475, 196 P.2d 212.
10. Cities Service Gas Co. is a "public utility" as defined by this section. Cities Service Gas Co. v. State Corporation Commission, 222 Kan. 598, 600, 602, 605, 607, 608, 609, 610, 611, 567 P.2d 1343.