City of San Bernardino v. Railroad Commission

Writ of review to annul an order of the Railroad Commission apportioning between the petitioner and the Atchison, Topeka & Santa Fe Railway Company the cost of maintenance and repair of a viaduct over the railway tracks of the latter.

In 1907, and for a long time prior thereto, Mt. Vernon Avenue was a public highway in the city of San Bernardino, which was crossed, at grade, between Third Street and Fourth Street, in said city, by three or more tracks of the railway company. The latter being desirous of laying additional tracks to extend its switching yards, entered into negotiations with the…