Alton R. Co. v. Illinois Commerce Comm’n, 305 U.S. 548 (1939)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 305 U.S. 534, click here.

Alton Railroad Co. v. Illinois Commerce Commission


No. 231


Argued December 15, 16, 1938
Decided January 16, 1939
305 U.S. 548

APPEAL FROM THE SUPREME COURT OF ILLINOIS

Syllabus

1. A motion to dismiss or affirm will be overruled where, after argument, it appears that the question presented is not so clearly lacking in merit that it may be put aside on mere citation of earlier decisions. P. 550.

2. A railroad company, in Illinois, which has long operated, and maintained at its own cost, a switch track leading from its main line to industrial plants, is not deprived of property without due process by an order of the State requiring it to continue the upkeep, where, though constructed at the expense of the industries, on land in their ownership, the track crosses public thoroughfares and, under the law of the State, constitutes a part of the railroad system which, with any extensions, may be used to serve other shippers and the public at large. P. 553.

368 Ill. 584, 15 N.E.2d 508, affirmed.

Appeal from a judgment sustaining an order of the commission requiring the railroad company to continue maintenance and operation of a switch track. The case went by appeal from the commission to a circuit court, which also sustained the order.