Marsh v. Fairbury, Pontiac & Northwestern Railway Co.

Mr. Justice Sheldón

delivered the opinion of the Court:

This was a bill in chancery, filed to enforce the specific performance of a contract made by the Fairbury, Pontiac and Northwestern Railway Company “to locate passenger and freight depots of said road in Marsh’s addition to Fairbury, and at no other point in said town.” '

The court below sustained a demurrer to the bill, and dismissed it.

This is not a case which concerns merely the private interests of two suitors. It is a matter where the public interest is involved. Railroad companies are incorporated by authority of law not for the…