Chicago & Northwestern Railway Co. v. People ex rel. Hempstead

Citations

• 56 Ill. 365

Syllabus

<p>1. Railboads—what constitutes the line of a railroad, for purposes of delivery of freight. In a proceeding, by mandamus, to compel a railroad company to deliver at the elevator or grain warehouse of the relator, in the city of Chicago, whatever grain in bulk might be consigned to it upon the line of their road, it appeared the company entered the city from different points upon separate tracks, these separate tracks or lines of road being called divisions. The elevator was situated upon a track used by the company in connection with the business of one of those divisions exclusively, but could be reached from the other division, though by a very indirect route, and subjecting the company to great loss of time and pecuniary damage in the delay that would be caused to their regular trains and business on the latter division. It was held, the roads constituting these different divisions, though belonging to the same corporation, and having a common name, were, for the purposes of transportation, substantially different roads, constructed under different charters, and the track upon which the elevator in question was situated, having been laid for the conveniehce especially of one of those divisions, and only approachable from the other under the difficulties mentioned, it could not be regarded that the elevator was upon the line of the latter division in any such sense as to make it obligatory upon the company to deliver thereat freight coming over that division.</p> <p>2. But the track upon which the elevator in question was situated was owned and used by the respondent company and another company in common, and was a direct continuation of the line of one of the respondent company’s divisions, and of easy and convenient access from that division, and was used by the respondent, not only to deliver grain to other elevators thereon, some of which were more difficult of access than that of the relator, but also to deliver lumber and other freight coming over such div