MISSOURI, EX REL. WABASH RAILWAY CO. v. PUB. SERV. COMM.

No. 69.

273 U.S. 126 (1927)

MISSOURI, EX REL. WABASH RAILWAY COMPANY v. PUBLIC SERVICE COMMISSION.

Supreme Court of United States.

Decided January 10, 1927.


Attorney(s) appearing for the Case

Messrs. Homer Hall and Frederic D. McKenney, with whom Messrs. Marcus L. Bell, W.F. Dickinson, and Luther Burns were on the brief, for the plaintiffs in error.

Messrs. Oliver Senti and Marion C. Early, with whom Messrs. D.D. McDonald, Julius T. Muench, and Lawrence McDaniel were on the brief, for the defendants in error.


MR. JUSTICE STONE delivered the opinion of the Court.

The mayor of St. Louis instituted a proceeding before the Public Service Commission of the State of Missouri to eliminate a grade crossing of the Wabash Railway Company at Delmar Boulevard in the City of St. Louis. The Commission ordered the Wabash Railway to abolish this grade crossing by depressing its tracks and constructing a viaduct for street traffic, with an 18 feet clearance above the tracks. This order...

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