State Ex Rel. Wabash Railway Co. v. Public Service Commission

This is an appeal by Henry W. Kiel, Mayor of the City of St. Louis, and by said city and certain intervening property owners, from a judgment of the Circuit Court of Cole County, setting aside an order of the Public Service Commission, abolishing the grade crossing of the Wabash Railroad over Delmar Boulevard, in said city.

The order set aside was made by a majority of the commission and required a viaduct, according to the City Plan, to be constructed in Delmar Boulevard, carrying said boulevard over the tracks of the railroad at said crossing. There was a dissenting opinion by Commissioner…