Lake Erie & Western Railroad v. State Public Utilities Commission Ex Rel. Cameron

Citations

• 249 U.S. 422
• 39 S. Ct. 345
• 63 L. Ed. 684
• 1919 U.S. LEXIS 2097

Syllabus

<p>An order of a state commission, under legislative authority, requiring a railroad to restore a siding, is a state law within the meaning of the provisions of the Constitution and acts of Congress regulating the jurisdiction of this court. P. 424.</p> <p>Under the laws of Illinois, a side track of a railroad company, used principally in moving freight from and to a particular plant, held open to use by the public and subject to public control like other parts of the railroad, — impressed with a public character. Id.</p> <p>Chicago & Northwestern Rij. Co. v. Ochs, ante, 416, followed, as to the power of a State to require a railroad company at its own expense to restore a siding, used principally by a particular plant but available generally as a public track, owned and controEed by the railroad as part of its system. P. 424.</p> <p>Such a requirement does not take the company’s property for private use, or for public use without compensation, in contravention of the Fourteenth Amendment. P. 425.</p>