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DENVER & R.G.W.R. CO. v. PUBLIC SERVICE COMMISSION

No. 9727.

14 Utah 2d 68 (1963)

377 P.2d 493

THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, A CORPORATION, PLAINTIFF, v. PUBLIC SERVICE COMMISSION OF UTAH AND STATE ROAD COMMISSION OF UTAH, DEFENDANTS.

Supreme Court of Utah.

January 8, 1963.

Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for appellant.

A. Pratt Kesler, Atty. Gen., Franklyn B. Matheson, Asst. Atty. Gen., Leigh H. Hunt, Salt Lake City, for respondents.

HENRIOD, Chief Justice.

Review of a P.S.C. order sought by the Road Commission to require the railroad to pay 10% of the cost of constructing an overpass above a spur track that crosses present interstate highway 6-50 between Provo and Price, Utah. Affirmed. No costs awarded.1

The spur has been used under a private agreement executed some 20 years ago between the railroad and Illinois Powder Co., predecessor to American Cyanimid...

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