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

Alton Railroad Co. v. Illinois Commerce Commission

No. 231

Argued December 15, 16, 1938

Decided January 16, 1939

305 U.S. 548


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. 305 U. S. 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

Page 305 U. S. 549

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. 305 U. S. 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.

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