State Ex Rel. Alton Railroad v. Public Service Commission

This case, coming to the writer by reassignment, is an appeal by the Alton Railroad Company from the judgment of the Circuit Court of Cole County affirming an order of the Public Service Commission requiring the railroad to contribute to the cost of a subway. In 1931, Jackson County made application to the commission authorizing the separation of the grade, where Sterling Avenue, a north and south street between Kansas City and Independence, crossed the track of the Alton Railroad, and apportioning the cost thereof. The answer of the railroad made the same allegations as were made in its…