Union Lime Co. v. Chicago & Northwestern Railway Co.

Citations

• 233 U.S. 211
• 34 S. Ct. 522
• 58 L. Ed. 924
• 1914 U.S. LEXIS 1282

Syllabus

<p>In determining its constitutionality a state statute must be read in the light of the construction given to it by the state court; and if the state court has held a described use for which property may be taken thereunder to be a public one, this court will accept its judgment unless it is clearly without ground..</p> <p>Even though a spur track at the outset may lead only to a single industry, it may constitute a part of the transportation facilities of the common carrier operated under obligations of public service, and as such open to all and devoted to a public use.</p> <p>There is a clear distinction between spurs operated as a part of the system of a common carrier under public obligation and mere private - sidings. The former are limited to public use and may be the basis for exercise of eminent domain.</p> <p>It is within the power of the State to invest railway corporations with power of eminent domain to acquire land for a spur track necessary for its transportation business and subject to regulation and open alike to all, even though such track at the outset may serve only a single industry which is to defray the cost thereof subject to reimbursement by others subsequently availing of it; and so held as to § 1797-llm, Wisconsin Statutes, providing for construction of spin tracks under conditions specified therein.</p>