State Ex Rel. Wear v. Cincinnati & Lake Erie Rd.

As the parties stand here in the same positions as they stood below, they will be referred to respectively as relator and respondent.

Upon the case before us three principal points are presented for decision:

1. May the city of Springfield maintain an action to oust the respondent from the streets without first having applied to the Public Utilities Commission for authority to have the railway property abandoned and the railway service discontinued.

2. May a state court make an order which must result in the discontinuance of the respondent company’s service while such company is engaged in the…