Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Central Illinois Public Service Co.

This is an appeal from a decree entered in the circuit court of Crawford county dismissing plaintiffs’ complaint for want of equity. The question presented involves the right of defendant, Central Illinois Public Service Company, a public utility engaged in generating, transmitting and furnishing electrical energy to the public, to extend its transmission lines over and across the railroad right of way of the plaintiffs without first having obtained their consent or the authority conferred by a condemnation proceeding. The grounds for reversal are based on two theories, one that plaintiffs…