Chicago & Northwestern Railway Co. v. People ex rel. Hempstead

This was an application for a mandamus, on the relation, of the owners of the Illinois River elevator, a grain warehouse in the city of Chicago, against the Chicago and Northwestern Railroad Company. The relators seek by the writ to compel the railway company to deliver to said elevator whatever grain in bulk may be consigned to it upon the line of its road. There was a return duly made to the alternative writ, a demurrer to the return, and a judgment pro forma upon the demurrer, directing the issuing of a peremptory writ. From that judg ment the railway company has prosecuted an appeal.

The…