Halliday v. Public Utilities Commission

By the Court.

The motion of the railway company to dismiss may be treated as a demurrer, not only to the petition, bnt to the evidence adduced in its support. The applicant relied, for relief, on Section 527 and cognate sections of the General Code.

The railway company was asked to construct a switch track some 300 feet in length and to connect it with its main line, at an expe'nse to itself of about $1,200. The petitioner’s building, both at the time of filing the application and at the time of hearing, was still under construction. No business had been transacted upon the premises, nor any…