Chicago & Northwestern Railway Co. v. Railroad Commission

Stevens, J.(1) The pleadings allege and the proof establishes the fact that the portion of the right of way which the .Railroad Commission. directed the railway company to lease to the sand and gravel company has been used in the past, and will be used in the future, wholly for the purpose of conducting a private business for profit. The premises in question will not be used by the shipping public generally, nor will they be used to serve the general public for the purpose of giving access to the depot grounds or tracks of the railway company, if the lease is made.

The property of the railway…