Wabash Railroad v. City of Wellston

LOZIER, Commissioner.

Plaintiff railroad company (herein called the Wabash) sued defendant city (herein called Wellston) for $12,000 with six per cent interest from January 31, 1951. The Wabash had judgment for $14,108. Wells-ton appealed.

We believe that the issues may be better stated after we summarize the uncontro-verted facts.

The Wabash tracks cross three certain streets in St. Louis County. On May 19, 1949, the Wabash and the St. Louis County Court (the streets were then in an unincorporated area) filed with the Public Service Commission a joint application for authority and permission to…