State ex rel. State Highway Commission v. Public Service Commission

BARRETT, Commissioner.

In connection with the construction of Route 71 B.P. in Clay County into a divided four-lane highway, specifically in connection with the construction of an overpass grade separation over the tracks of the two appellant railroads and pursuant to chapter 389, particularly Sec. 389.640, RSMo 1969, V.A.M.S., the State Highway Commission invoked the jurisdiction of the Public Service Commission. Insofar as applicable at this particular point the statute provides that “No public road, highway or street shall hereafter be constructed across the track of any railroad * * *…