Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1910-06-15
.UPHOLDS ORDER
OF COMMISSION
JUDGE STEVENS DlsMlssEs APP.
PEAL or UNION LIME
COMPANY ETAL.
NORTHWESTERN MAY EXTEND
SPUR TRACK TO EDEN COM
PANY's PLANT.
Madison. June 9

Judge Stevens of the circuit court
late yesterday afternoon decided for
the defendants in the case of the I'm
ion Lime company and Mast Bros.
Lime & Stone Co. against the rail.
road commission aud the Eden hide
pendent Lime & Stone Co.
On April / last the commission
made an order directing the Chicago
& Northwestern Sailway company to
extend its spur track constructed on
the line OF easement granted by
Charles Mitchell in 1880, which is the
track nearest the lime kilns of the
Union Lime company in Fond du lac
county actt IS its land TO the plant OF
the Eden company which is compet-
itor. The Union Lime company. ap-
pealed from the order.
Judge stevens concludes that the
easements granter to the railway com
pany in 1880 are ~alid and bind the
plaintiffs and the Eden company 10
provide an easement for the spur
track in accordance with their terms:
that Judgment be entered dismissing
plaintiffs complaint and providing
that the defendants recover their
costs and disbursements and that the
restraining order entered April 81,
1910, be vacated and set aside
Section 17s7-1im of the statutes
confers upon the railroad commission
the power to compel the construction.
operation aud maintenance of reason
ably adequate and suitable spur
tracks to such industries as that
which the defendant Eden company is
to operate says the court "As an
instance to the exercise OF that pow
err the section confers upon the rail-
road commission the power to compel
the railway company to acquire the
necessary right Of way for such spar
track"
The court concludes that the raj.
way company has an easement across
the land of tie univa LIKE company
for the purpose Of maintaining the
spur track which the Eden company
asks the railroad 20 construct This
, being true, the court holds, the case
does not present the question OF
whether section 1797-1im Of the stat
utes contrayenes either Of the provis-
ions of the state or of the federal
constitution upon which the plant.
IFS rely.
Under the rule OF Minneapolis
Ry. Co. VS.. railroad commission, 136
Wis. TAG, 1863" declares Judge Stew.
ems, the court can not say that ii
appears by clear and satisfactory eyi-
denee that the order Of the commits
sion is unreasonable. The chief
ground urged for holding the order un-
reasonable is that the switching Of
cars to the plant Of the Eden company
will interfere with the opel alton OF
the plant of the Union Lime com
pany. Considering the Interruptions
that necessarily occur in the loading
OF cars of lime at the plant OF the
Union Lime company because Of the
time needed for the cooling OF lime
and the switching OF cars, the coli {
can not say that the switching OF
cars to the plant Of the Eden com
pany will cause such additional inter.
ference with the business Of the liz.
| ion Lime company as to render the
order of the railroad commission I'M
! reasonable. In determining whether
this order Is reasonable II must be
kept IN mind that the Union Lime
company and its predecessors in title
were chargeable with notice Of the
easement across its lands when 1t
built the lime kilns adjacent to the
track placed on this easement which
had been granted to the railway com.
pany for the benefit Of the quarries
located on all 'aree Of the tracts OF
land through which such easement
extended"