UNITED STATES SUPREME COURT DECISIONS ON-LINE

Under the law of Minnesota, a siding built by a railroad to reach a private plant under the circumstances in this case becomes a public track, part of the railroad's system and property and wholly under its control. P. 249 U. S. 419.

Within the limits of what is reasonable and not arbitrary, a state, upon due notice and opportunity for hearing, may require a railroad company to alter and extend a side track, as a public track, and as part of the railroad's property and system, for the purpose of serving a private plant, but for all others as well who may have occasion to use it, and may require the railroad to share the expense of construction, and this does not take the railroad's property for private use, or without compensation for public use in violation of the due process clause of the Fourteenth Amendment. P. 249 U. S. 420.

In determining whether such a requirement is within the bounds of reasonable regulation or essentially arbitrary, not only the expense but also the nature and volume of business to be affected, the revenue derivable from it, the character of the facility required, the need for it, and the advantage to shippers and the public are to be considered. P. 249 U. S. 421.

135 Minn. 323 affirmed.

The case is stated in the opinion. clubjuris

Page 249 U. S. 417