New Dells Lumber Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

(on motions for rehearing). The plaintiff moves for a rehearing on the grounds that the court unduly restricted the allowance for damages in both cases and erroneously held that the defendant has not taken the plaintiff’s property west of the Kessler spur because Kessler did not by his release to the plaintiff release the defendant from its obligation to serve Kessler.

We see no need to retract anything said in the opinion of the court respecting damages.

As to the other matter urged, the defendant’s obligation to serve Kessler continues until the public service commission by an order made upon…