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LAKE ERIE & W.R.R. CO. v. PUB. UTIL. COMM.

No. 204.

249 U.S. 422 (1919)

39 S.Ct. 345

63 L.Ed. 684

LAKE ERIE & WESTERN RAILROAD COMPANY v. STATE PUBLIC UTILITIES COMMISSION OF ILLINOIS EX REL. CAMERON.

Supreme Court of United States.

Decided April 14, 1919.

Attorney(s) appearing for the Case

Mr. George B. Gillespie, for plaintiff in error, submitted. Mr. Jno. B. Cockrum was also on the briefs.

Mr. C.S. Schneider, with whom Mr. Edward J. Brundage, Attorney General of the State of Illinois, Mr. Albert D. Rodenberg, Mr. William E. Trautman and Mr. Raymond S. Pruitt were on the brief, for defendant in error.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

For twenty-five years the Lake Erie & Western Railroad Company maintained and operated on its right of way at Elliott, Illinois, a side track passing a grain elevator and coal yard operated by one Cameron. The elevator stood partly on the right of way and partly on ground owned by Cameron, his occupancy of the former being under a lease. In May, 1915, the elevator was destroyed by fire, whereupon the...

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